Dhiraj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.491 of 2017 Arising Out of PS.Case No. -427 Year- 2016 Thana -SHASTRINAGAR District- PATNA ====================================================== Dhiraj Kumar Gupta, Son of Uday Kumar, Resident of Boring Canal Road, Panchmukhi Mandir Lane, Renter in the house of Shiv Shankar Ji, P.S. - Shri Krishnapuri, District - Patna.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar Singh, Advocate Mr. Brajesh Kumar Pandey, Advocate For the Opposite Party : Mr. Satyavarat Verma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 290, 467, 468, 471/34 of the Indian Penal Code, Sections 4, 5, 6, 7 of the Immoral Traffic (Prevention) Act and Section 8 and 12 of POCSO Act.

It is alleged by the police that he received confidential information that flesh trade is going on in a flat situated in Gyatri Complex, Punaichak, Patna, by this petitioner and his other accomplices. The police raided the premises and apprehended four women and this petitioner. This petitioner admitted before the police about such activity. The girls who were

Patna High Court Cr.Misc. No.491 of 2017 (3) dt.02-02-2017 2/2 apprehended told the police that they have been brought by the petitioner for illegal flesh trade and for such trade they received Rs.1000/- in which half was paid to the girl and half was distributed by the petitioner and other accused persons. It is further alleged that this petitioner told that he has taken the flat on rent from one Vishvjeet Sinha on monthly rent of Rs.10,000/-. The 1st Additional Sessions Judge, Patna has mentioned in the impugned order that the statement of two victim girls were recorded under Section 164 of Cr.P.C., wherein also, they have taken the name of this petitioner.

Therefore, this court does not find it fit case for grant of bail. Accordingly, the bail petition is hereby rejected in Special (POCSO) Case No. 128 of 2016, arising out of Shastri Nagar P.S. Case No. 427 of 2016, pending in the court of 1st Additional Sessions Judge, Patna.

(Sanjay Priya, J.) ravi/- U T