Ayodhaya Sah @ Ayodhya Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17978 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== AYODHAYA SAH @ AYODHYA SAH S/o Dahin Sah R/o village- Badka More, P.S.- Sasaram (Muffasil), District- Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sada Nand Roy For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 05-06-2020 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 344, 366, 370(3), 120(B) of the Indian Penal Code and Sections 3(a)(b), 4, 5(a) of the Immoral Trafficking Prevention Act, 1956.
Informant who claims to work as a waiter alleged that on 05.01.2020 at 9.00 p.m., one Raj Kumar, who used to take her and her friend with him for doing the waiter's work, asked them to go to Ramanunganj as there is some work and they will return next day. Thereafter, they boarded a white safari car along with accused Mahesh, Amit Kushawa and Raj Kumar to reach their destination, however, when they woke up, they found
Patna High Court CR. MISC. No.17978 of 2020(2) dt.05-06-2020 2/3 themselves near Sone river near Subhash Nagar. Thereafter, the accused shifted them in another car and were brought to Sasaram and after refreshment, they were again brought to the house of Ayodhaya Sah (petitioner), who threatened them that they have been brought here for doing illegal dance. On 06.01.2020, two boys Sonu and Ravi came in the house of petitioner and took the informant and three more girls to the house of Durga Devi and they were forcibly locked in her house. She told that she had purchased the girls for Rs.40,000/- from Amit Kushawa. However, on 08.01.2020, the informant manged to escape from the clutches of the accused persons and narrated the whole story to the police. The accused has sold the informant and other girls under an illegal way.
It is submitted by learned counsel for the petitioner that he is innocent and has been falsely implicated in this case. It is further submitted that petitioner is running a theater company and the girls had come there to perform with their consent as well as their family consent. It is further submitted that due to rivalry with theater company, a false and concocted story has been cooked up to implicate the petitioner. The statements of victims girls have been recorded under Section 164 of Cr.P.C. and nothing has been stated against the petitioner.
Patna High Court CR. MISC. No.17978 of 2020(2) dt.05-06-2020 3/3 no criminal antecedent and he is in custody since 09.01.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bikaramganj P.S. Case No. 09 of 2020, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T