Raghunandan Choudhary @ Raghunandan Pd. Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10259 of 2017 Arising Out of PS.Case No. -723 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== 1.
RAGHUNANDAN CHOUDHARY @ RAGHUNANDAN PD.
CHAUDHARY, S/o Late Ramauatar Choudhary, Resident of village - Sultanganj, P.S. Sultanganj, District - Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv. Mr. Anujit Sinha, Adv.
For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner, and the learned counsel representing the State.
The petitioner apprehends his arrest in connection with Kotwali P.S Case No. 723 of 2016 registered for the offences punishable under Sections 380(A)(ii), 120-B, 3, 4, 5, 6 and 8 of the Immoral Traffic Act.
Allegedly, acting on a tip of, raid was conducted in Om Guest House where rooms were provided for prostitution, and few persons and women have also been seen coming out from the guest house and the accused persons were found in objectionable position. Many other Aadhar Cards, ID proofs were seized and
seizure list was duly prepared. Hotel manager Prins Kumar and staff Sonu Kumar were present at the time of raid and the petitioner is said to be the owner of the said Guest House. Submission is of false implication and that the said guest house was given on lease by the petitioner. Petitioner has gone to Banglore and his train reservation ticket is annexed as Annexure-7 by which it reveals that the petitioner has gone for his treatment on 21.12.2016 and remained there till 17.01.2017 and returned on 18.01.2017. He was admitted on 26.12.2017 in Fortis Hospital Ltd., Banglore and was discharged on 12.01.2017 vide Annexure-8 which shows that on the date of occurrence the petitioner was not present there and he cannot be made accused. He is aged about 78-79 years and, as such, the petitioner deserves sympathetic consideration.
Learned A.P.P. submits that the petitioner is also named as hotel owner in the First Information Report. In the facts and circumstances stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of the order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with
Kotwali P.S. Case No. 723 of 2016 subject to the conditions as laid down in Section 438(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) sushma/- U T