Raj Kishore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22187 of 2021 Arising Out of PS. Case No.-287 Year-2020 Thana- CHHATAUNI District- East Champaran ====================================================== RAJ KISHORE PRASAD Son of Binda Sah Resident of Village - Mathiya Zirat, P.s.- Chhatauni, Distt.- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shri Prakash Srivastava, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-01-2022 Heard Mr. Shri Prakash Srivastava, learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Chhatauni P.S. Case No. 287 of 2020 dated 18.08.2020 instituted for the offences under Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.

On the complaint made by a neighbour of the petitioner that a sex racket is being run from his house, the house of the petitioner was raided. Two women were arrested. One boy managed to escape. There were some incriminating recoveries supporting the accusation of a sex racket being run from the house.

Learned counsel for the petitioner has

Patna High Court CR. MISC. No.22187 of 2021(2) dt.12-01-2022 2/3 submitted that he does not reside in that house but had given it on rent to a person who perhaps may have used it for such purposes. The two girls who were arrested in the raid have also testified to the fact that they were the tenants in the house in which raid was conducted. Learned counsel for the petitioner has submitted that no person of the locality has approached the police with similar nature of complaint as has been done by one of the neighbours of the petitioner. Except for the fact that the house from where two women have been arrested, there is no other evidence/material at present to indicate that any sex racket was being run in that house at the instance of the petitioner.

The petitioner does not have criminal antecedents.

Regard being had to the aforestated facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in connection with Chhatauni P.S. Case No. 287 of 2020,

Patna High Court CR. MISC. No.22187 of 2021(2) dt.12-01-2022 3/3 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T