Guddu Jaiswal @ Guddu Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34929 of 2015 Arising Out of PS.Case No. -445 Year- 2014 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Guddu Jaiswal @ Guddu Prasad S/o Sri Dinanath Sah Resident of Village - Pandai Chowk, P.S. - Shikarpur, District - West Champaran. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Shailendra Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-02-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Additional Public Prosecutor, appearing on behalf of the State.
This application for grant of anticipatory bail arises out of Shikarpur P.S. Case No. 445/2014, disclosing offences under Sections 366A, 372 and 373 of the Indian Penal Code and Section 7-1 of the Protection of Children from sexual Offence Act, 2012 and section 5 of the Immoral Trafficking Act. The case has been registered on the basis of written report of the Director of Child Line, Sub Centre, Narkatiaganj, who is said to have conducted a raid under the direction of S.H.O., Sikarpur Police Station and the Sub-divisional Police Officer, Narkatiaganj. In course of the said raid, certain girls
Patna High Court Cr.Misc. No.34929 of 2015 (3) dt.03-02-2016 were recovered, who allegedly told the informant that they were sexually exploited for consideration of money by the organizer of Musical Group called Wipro Musical Group. The said Musical Group is said to be run by the present petitioner, Guddu Jaiswal.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and none of the girls, whose names are mentioned in the First Information Report, has supported the allegation in their statements made under section 164 of the Cr.P.C. He further submits that even before the police, the said girls have not made any such allegation.
The submissions could not be controverted by the Addl. Public Prosecutor appearing on behalf of the State. Considering the above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 the 1st Addl. Sessions Judge cum Special Judge, Bettiah, West Champaran in connection with Shikarpur P.S.Case No. 445/2014, subject to the conditions as laid down
Patna High Court Cr.Misc. No.34929 of 2015 (3) dt.03-02-2016 under section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Surendra/- U