Ajay Kumar Singh @ Bablu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38016 of 2016 Arising Out of PS.Case No. -137 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Ajay Kumar Singh @ Bablu Singh, S/o- Late Dalweshwar Singh, R/o VillBagdulhan, P.S.- Town (Hajipur), Distt- Vaishali. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate For the Opposite Party/s : Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 08-03-2017 This matter has been taken up for hearing on the mentioning slip filed on behalf of the petitioner. Heard learned counsels for the petitioner and the State.
The petitioner has renewed the prayer for anticipatory bail in a case registered for the offences punishable under Sections 114, 290, 370, 354, 509/34 of the Indian Penal Code and sections 3, 4, 5, 7 of the Immoral Traffic Act. The prosecution case is that on secret information that prostitution is going on, a raid was laid in Chandra and Mayur hotels. On raid from the seven rooms of the said hotels male and female members were found in objectionable conditions, who were apprehended. The petitioner is the owner of
Patna High Court Cr.Misc. No.38016 of 2016 (3) dt.08-03-2017 2/3 Mayur hotel, who escaped from the scene and from the counters of both the hotels contraseptic were recovered.
It is submitted by learned counsel for the petitioner that there is no direct accusation against the petitioner being the owner of one of the hotels namely, Mayur. Moreover, in 164 Cr.P.,C. the apprehended female accused have stated that they have either come with their husband or other relatives but they have not disclosed anything against the petitioner. Earlier anticipatory bail application of the petitioner was disposed of vide order dated 01.07.2016 passed in Cr. Misc. No. 27082 of 2016 with a direction to the learned court below to consider the prayer for bail of the petitioner. The attention of this Court was drawn towards order dated 11.07.2016 passed in Cr. Misc. No. 27281 of 2016 whereby similarly situated co-accused Sunil Kumar Shukla, who happens to be owner of the other hotel namely, Chandra, has been granted anticipatory bail on the ground that the suspected families were apprehended from the hotels, but they have no named the owner of the hotel.
This Court finds no reason not to consider the prayer for bail of the petitioner by the learned court below, if the petitioner surrenders before the learned court below within a
Patna High Court Cr.Misc. No.38016 of 2016 (3) dt.08-03-2017 3/3 period of six weeks from today in connection with Hajipur Town P.S. Case No. 137 of 2016 pending in the court of learned Chief Judicial Magistrate, Vaishali at Hajipur. It is expected from the learned court below to dispose of the bail application of the petitioner preferably on the same day.
With the above observation, this application is disposed of.
(Dinesh Kumar Singh, J) DKS/- U T