Kishori Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6306 of 2022 Arising Out of PS. Case No.-384 Year-2021 Thana- ARWAL District- Jehanabad ====================================================== 1.

KISHORI KUMAR SON OF RAJBALLAM SINGH R/O VILLAGEIMAMGANJ, P.S.- KHIRI MORE, DISTRICT- PATNA 2.

PAPPU KUMAR @ PAPPU KUMAR SINGH SON OF LATE SURYADEO SINGH R/O VILLAGE- MATHURAPUR, P.S.- KHIRI MORE, DISTRICTPATNA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners and the State.

Petitioners seek regular bail in a case registered for the offence punishable under Sections 346, 370, 370A, 372, 373, 376, 120B/34 of the Indian Penal Code and various sections of the I.T. P. Act as well as sections 4/6 of POCSO Act. Allegedly, police raided different houses and places in locality of Janakpur Dham red light area in presence of independent witnesses and during course of raid, petitioners

Patna High Court CR. MISC. No.6306 of 2022(3) dt.27-07-2022 2/3 along with about 22 women and minor girls were found inside the house and some of the accused were found in objectionable condition and used and unused condoms were also recovered from there.

The main submissions advanced by Sri Ashok Kumar Sinha, learned counsel appearing for the petitioners are that petitioners have got no criminal antecedent and against them there is simply allegation of having been present at the alleged place of prostitution's house as a customer and considering the said situation some accused persons have been granted bail by different benches of this court vide orders passed in Cr. Misc. no. 7244 of 2022, Cr. Misc. no. 2970 of 2022, Cr. Misc. no. 2992 of 2022, Cr. Misc. no. 3530 of 2022, Cr. Misc. no. 4549 of 2022 and Cr. Misc. no. 11158 of 2022.

Learned APP Sri Nand Kishsore Prasad has opposed the prayer for bail.

Heard both sides and perused the FIR. Considering the allegation against the petitioners is of similar nature like coaccused who have been considered for regular bail in the above mentioned criminal miscellaneous cases and petitioners have been languishing in jail since 30.10.2021.

In the light of these facts, petitioners deserve a lenient

Patna High Court CR. MISC. No.6306 of 2022(3) dt.27-07-2022 3/3 approach of this court. Let the petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge VI-cum- Special Court, POCSO, Jehanabad/ Concerned court in Arwal P.S Case No. 384 of 2021 arising out of POCSO Case no. 82/2021.

(Shailendra Singh, J) s.hassan/- U T