Shiv Dayal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12944 of 2025 Arising Out of PS. Case No.-404 Year-2024 Thana- PARSA District- Saran ====================================================== Shiv Dayal Ram Son of Late Faguni Ram Resident of Village - Rati Bhagwanpur, P.S. - Bhagwanpur, District - Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sunil Kumar Son of not known to the petitioner SHO Parasa Police station, District Saran at Chhapra Mob. no. 9431822436 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Bela Singh For the Opposite Party/s :

Mrs. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-05-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Parsa P.S. Case No. 404 of 2025 registered for the offence under Sections 143(1), 145, 98, 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 8 of the POCSO Act, Sections 75, 79 of J.J. Act, Sections 3, 4, 5, 6 of the Immoral Traffic Act and Section 16, 17 and 18 of the Bengal Labour System (Abolition) Act.

3. The petitioner is the owner of an orchestra and the allegation is that he has engaged minor girls in the orchestra.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. She

Patna High Court CR. MISC. No.12944 of 2025(3) dt.13-05-2025 2/2 has further submitted that the girls are almost major and they for earning their livelihood, have joined the orchestra and the petitioner has not forced them to join the orchestra. The petitioner is in custody since 10.12.2024.

5. Learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court below, Saran at Chapra in connection with Parsa P.S. Case No. 404 of 2024 subject to condition that:- (i). The petitioner will give an affidavit stating therein that he will not involve himself in the business of orchestra neither as an owner nor as an employee.

8. This application for regular bail stands allowed. (Sandeep Kumar, J) Shishir/- U T