Rahul Upadhayay @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10032 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- MAHILA PS District- Buxar ====================================================== CHANDAN PANDEY Son of Keshwar Pandey @ Kesho Pandey R/VAdarsh Nagar, P.S- Buxar (Town) Dist- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 15714 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- MAHILA PS District- Buxar ====================================================== RAHUL UPADHAYAY @ RAHUL KUMAR S/O Suresh Chand Upadhayay R/O village- Ekauni, P.S- Dumaraon, District- Buxar ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 10032 of 2023) For the Petitioner/s :

Mr.Amit Kumar Pandey For the Opposite Party/s :

Mr.Vinod Shanker Modi (In CRIMINAL MISCELLANEOUS No. 15714 of 2023) For the Petitioner/s :

Mr.Parijat Saurav For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Buxar Mahila P.S. Case No. 66 of 2022 registered for the offence under Sections 419, 420, 376 of the I.P.C., Sections 3, 4, 5, 7, 9 of the Immoral Traffic Act and Sections 4 & 8 of the POCSO Act.

Patna High Court CR. MISC. No.10032 of 2023(3) dt.15-05-2023 2/3 As per prosecution case, the informant alleged that on 28.12.2022 he along with police personnel raided three hotels and arrested many ladies and gents along with the petitioners , who were indulged in immoral trafficking.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. It is further submitted that both the petitioners are in loving relationship with the girls with whom they were caught. The recovered girls are major and did not whisper anything against the petitioners but on the basis of suspicion, these petitioners have falsely been implicated in this case. Moreover, similarly situated co-accused namely, Sonu Kumar has already been granted bail by this Court vide order 28.4.2023 passed in Cr. Misc. No. 15434 of 2023. It is further submitted that the petitioners have got no criminal antecedents and they are languishing in judicial custody since 29.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to

Patna High Court CR. MISC. No.10032 of 2023(3) dt.15-05-2023 3/3 be released on bail in connection with Buxar (Mahila) P.S. Case No. 66 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 6th cum-Special Judge POCSO, Buxar.

(Sunil Kumar Panwar, J) Amandeep/- U T