Vicky Kumar @ Vicky Sinha @ Vicky Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9298 of 2023 Arising Out of PS. Case No.-405 Year-2022 Thana- BYPASS District- Patna ====================================================== Vicky Kumar @ Vicky Sinha @ Vicky Kumar Sinha S/O Late Mithilesh Kumar @ Late Mithlesh Prasad Sinha R/O- Bajrangpuri, P.S.- Alamganj, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhimanyu Deo For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 370, 371, 372(II), 373, 341 of the Indian Penal Code and Section 8 of the POCSO Act and Section 75 of the JJ Act and Sections 3, 4, 5, 6 of Immoral Traffic Prevention Act and Section 16, 17, 18 of Bonded Labour System Abolition Act. As per FIR, the allegation against the petitioner along with co-accused persons is that they were proprietor of an orchestra and they used to bring minor girls on the offering of job and they used them in orchestra program. It

Patna High Court CR. MISC. No.9298 of 2023(3) dt.19-05-2023 2/3 is further alleged that one girl, namely, Pooja Nandi was apprehended on the spot and upon her confession name of the petitioner surfaced in this case.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has no concern with the alleged occurrence and he has falsely been implicated in this case merely on the basis of confessional statement of co-accused. The petitioner is a sleeping partner of the said orchestra and he had no knowledge about the staffs, bookings or events. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 05.05.2023 passed in Cr. Misc. No. 2839 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 23.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is

Patna High Court CR. MISC. No.9298 of 2023(3) dt.19-05-2023 3/3 directed to be released on bail in connection with Bypass P.S. Case No. 405 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VII-cum-Exclusive Special Court (POCSO Act) Patna.

(Sunil Kumar Panwar, J) Niraj/Manish/- U T