← Library
Patna High CourtCR. MISC./21667/2024bail granted

Md Tarik Anwar @ Md Tarique Ansari @ Tarique Ansari v. The State Of Bihar

2024-07-26Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21667 of 2024 Arising Out of PS. Case No.-65 Year-2020 Thana- BAISI District- Purnia ====================================================== Md Tarik Anwar @ Md Tarique Ansari @ Tarique Ansari Son of Md. Wahid Ansari Resident of vill.-Dalkola, High School, Para Baldariya, P.S.-Dalkola, Distt.-Uttar Dinazpur, (W.B.).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 22749 of 2024 Arising Out of PS. Case No.-65 Year-2020 Thana- BAISI District- Purnia ====================================================== MD. MUSHA @ MD. MOSA @ MD. MUSA S/O ABDUL LATIF @ ABDUL LATIB R/O VILLAGE- DALKOLA, P.S- DALKOLA, DISTT.- UTTAR DINAZPUR (W.B.) ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 21667 of 2024) For the Petitioner/s :

Mr.Ramesh Kumar Singh :

Mr. V.K. Agarwal For the Opposite Party/s :

Mr. Akshay Kumar Pandit (In CRIMINAL MISCELLANEOUS No. 22749 of 2024) For the Petitioner/s :

Mr.Ramesh Kumar Singh :

Mr. V.K. Agarwal For the Opposite Party/s :

Mr. Akshay Kumar Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-07-2024

1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of regular bail, arises out of Baisi Police Station Case No. 65 of 2020 dated

2/4 09.03.2020, disclosing offences under Section 370 (A) of the Indian Penal Code and Sections 3, 4, 5, 6, 7, 8 of Immoral Traffic Prevention Act and Section 30 (a), 41, 47, 37 (B), 37 ( C ) of Bihar Prohibition & Excise Act.

3. As per the First Information Report, police raided the hotel of the petitioners and found that flesh trade was being going on in that hotel namely Ashiyana Hotel, and arrested some of the persons staying in the hotel in compromising position with the girls. The allegation is that the petitioners who are owner and manager of the hotel were using the hotel for the purpose of flesh trade.

4. Learned senior counsel for the petitioners submits that the petitioners were not a party to the present occurrence. The customers residing in the hotel of the petitioners used to come with their girlfriends and the petitioners were not aware about the illegal activities of their customers. Statements of the girls have been recorded under Section 164 Cr.P.C. in which the girls have not disclosed the name of the petitioners indulging in the flesh trade but have stated that they used to come in the hotel along with their facebook and whatsapp friends. The petitioners are having no criminal antecedent and they are in custody

3/4 since 24.01.2024 and other co-accused persons have been granted bail by the learned District Court itself.

5. Regards being had to the submissions made by the parties and taking into consideration the fact that the victim girls have not disclosed the name of the petitioners, the petitioners are in custody since 24.01.2024 and other coaccused persons have been granted bail, I am inclined to grant regular bail to the petitioner.

6. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Exclusive Special Judge (Excise-01), Purnea, in connection to the Baisi Police Station Case No. 65 of 2020 dated 09.03.2020, disclosing offences under Section 370 (A) of the Indian Penal Code and Sections 3, 4, 5, 6, 7, 8 of Immoral Traffic Prevention Act and Section 30 (a), 41, 47, 37 (B), 37 ( C ) of Bihar Prohibition & Excise Act.

7. This is subject to the conditions :- (i) That the petitioners shall present themselves before the Court, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be

4/4 cancelled.

(ii) One of the bailor of the petitioners must be the local person.

(Anil Kumar Sinha, J) HarshPandey/- U T