Manoranjan Sharma @ Manoranjan Kumar @ Pintu Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10834 of 2023 Arising Out of PS. Case No.-189 Year-2021 Thana- CHAKAND District- Gaya ====================================================== MANORANJAN SHARMA @ MANORANJAN KUMAR @ PINTU MUKHIYA Son of Late Ishwar Singh R/V- Koiri Bigha, P.S- Main Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No2 For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 376(3) of the Indian Penal Code, Section 6 of the POCSO Act and Sections 3, 4, 5, 6 and 7 of the Immoral Traffic Act.
As per allegation in the FIR, petitioner is manager of Hotel and on getting information about immoral trafficking, police party reached there and started to search the hotel. During search, a boy and a girl were found in compromising position in a room no. 102 of the hotel. On query, apprehended boy disclosed his name as Rahul and girl disclosed that on the pretext of marriage, Rahul used to establish physical relation with her since long.
Patna High Court CR. MISC. No.10834 of 2023(2) dt.24-03-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. One year back, petitioner had let out the alleged hotel on rent for five years and this fact has also come during investigation, in para18 of the case diary. Only because of being the owner of the hotel, he has been made accused in the present case. Petitioner was not known about the fact. Girl, who was seen in compromising position, has not taken the name of petitioner. Rahul Kumar, who was caught by the police in compromising position, has already been enlarged on bail by another coordinate Bench of this Court vide order dated 20.10.2022 passed in Cr. Misc. No. 38246 of 2022 and the case of the petitioner stands on better footing to that of the co-accused. Petitioner is languishing in judicial custody since 01.01.2023. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special
Patna High Court CR. MISC. No.10834 of 2023(2) dt.24-03-2023 3/3 Judge-POCSO-cum-Additional District and Sessions Judge-VI, Gaya in connection with Chakand P.S. Case No. 189 of 2021. (Sunil Kumar Panwar, J) sushma/- U