Chengwa @ Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7487 of 2020 Arising Out of PS. Case No.-648 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== CHENGWA @ ASHOK YADAV S/o Birendra Yadav R/o village- Bairagibag, P.S. and District- Jehanabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-07-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner apprehends arrest in Jehanabad PS Case No. 648 of 2019 registered under Sections 370, 376 of the IPC and Sections 5, 6, 8, 9 of Immoral Traffic Act and 67(B) I. T. Act. The SDPO Jehanabad has lodged a written report that subsequent to information received that immoral traffic is being carried on in the garb of vegetable trade, he has conducted a raid, from where three females have been apprehended. One of the facilitators of the crime, namely the petitioner, has succeeded in fleeing away.

Learned Counsel for the petitioner submits that a minor

Patna High Court CR. MISC. No.7487 of 2020(3) dt.03-07-2020 2/2 girl was apprehended during the raid. She has given her statement under Section 164 Cr.P.C. (Annexure 2) wherein she has flatly denied any such occurrence, which shows falsity of the allegation. No independent witness has been examined and the petitioner was not apprehended at the place of occurrence.

Case diary had earlier been called for.

Learned APP for the Stater has pointed out several paragraphs from the case diary, wherein the predominant involvement of the petitioner has been alleged in soliciting customers for the immoral traffic being carried on at the place of occurrence. Having considered the rival submissions this Court does not find it a fit case for grant of privilege of anticipatory bail to the petitioner.

The prayer is rejected.

(Madhuresh Prasad, J) SNkumar/- U T