Tinku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22971 of 2025 Arising Out of PS. Case No.-921 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Tinku Kumar S/O Ranjan Ram R/O Village- Hajipur, P.S- Kako, Distt.- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Kumar, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-06-2025 Heard Mr.Amit Kumar, learned counsel for the petitioner and Mr.Sanjay Kumar Tiwary, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 31.01.2025 in connection with Jehanabad Town P.S. Case No. 921 of 2024, F.I.R. dated 21.11.2024 registered for the offence punishable under Sections 144,3(5),61(2) of Bhartiya Nyay Sanhita, 2023, Section 3,4,5,6 of Immoral Trafficking Act and Section 8,16 of POCSO Act, 2012.
3. As per the First Information Report, police on secret informant that act of immoral trafficking is going on in Madhuban Guest House, reached there and several girl and boys including the petitioner was apprehended as they were
2/4 involved in the same.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In fact the petitioner is Cook in the Madhuban Guest House and he has no role at all in the present occurrence and apart from that, the statement of the victim under Sections 161/164 of Cr. P.C./Section 180/183 of BNSS, 2023 was recorded in which she has not supported the case of the prosecution and coaccused persons, namely, Nagendra Kumar @ Dablu @ Dabla, who is Manager of Madhuban Guest House, has been granted privilege of anticipatory bail by this Court vide order dated 23.04.2025 passed in Cr. Misc. No.18496 of 2025. Further submits that the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 31.01.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean antecedent, the victim has not supported the case of the
3/4 prosecution and co-accused person has been granted privilege of anticipatory bail by this Court, let the petitioner, 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 Chief Judicial Magistrate, Jehanabad in connection with Jehanabad Town P.S. Case No. 921 of 2024, with the following conditions:- (I) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned
4/4 order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T