Vijay Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36884 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Vijay Kumar Giri Son of late Nand Kishore Giri resident of MohallaRamdev Nagar, Ward no. 16, PS-Siwan Muffasil, District- Siwan .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. M. N. Parbat, Sr. Adv. Mr. Sanjay Kumar Jha, Advocate Mr. Ved Prakash Srivastva, Advocate For the Opposite Party/s : Mr. Sri Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-09-2016 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Siwan Mahila Police Station Case No. 38 of 2016, disclosing offences under Sections 376/511 of the Indian Penal Code and Sections 3/4/5/6/7/8 of the Immoral Traffic (Prevention) Act, 1956.

Mr. Parbat, learned Senior Counsel, appearing on behalf of the petitioner, has submitted that he has been implicated with an allegation that he is the owner of the restaurant, from where boys and girls were found in objectionable position. According to him, no offence, under Sections 376/511 of the Indian Penal Code, is made out against him even if the prosecution case, as narrated in the First Information Report, is taken to be true. He has

Patna High Court Cr.Misc. No.36884 of 2016 (2) dt.14-09-2016 2/2 submitted that other offences, alleged against the petitioner under the Immoral Traffic (Prevention) Act, 1956, are bailable.

Considering the above submission, this application is allowed.

Let the petitioner, Vijay Kumar Giri, in the event of his arrest or surrender before the Court below within six weeks, 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 Sub Divisional Judicial Magistrate, Siwan, in connection with Siwan Mahila Police Station Case No. 38 of 2016, subject to the condition laid down 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √