Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70769 of 2018 Arising Out of PS. Case No.-648 Year-2018 Thana- KOTWALI District- Patna ====================================================== Anil Kumar Singh, Son of Late Bachu Singh, Resident of Vill- Pachaura, P.S.- Harnaut, Distt- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Choudhary, Advocate Mr. Akshansh Ankit, Advocate For the Opposite Party/s :

Mr. Sir Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 290, 342, 347, 354A(1) of the Indian Penal Code and Sections 6(B)/7 of the Immoral Traffic (Prevention) Act, 1956.

The prosecution case as per Uma Kumari, Women Counsellor, Women Cell, Kotwali Police Station based on the statement of victim Amrita Kumari is to the effect that two days prior to the occurrence, the victim Amrita had come to Patna and on 22.09.2018 at 1.00 P.M. when she was roaming around Ramnagari More with her co-villager Rani Khatoon, then one Munna came and on the pretext to take them for lunch, he took

Patna High Court Cr.Misc. No.70769 of 2018(2) dt.17-12-2018 2/3 them to Magadh Hotel and kept them confined in separate rooms and persuaded the victim to have physical relationship with the customers. However, after some time, the police came and rescued the victim and her friend. It is further alleged that one Lalbabu Paswan had also accompanied them to the hotel. The petitioner has been named in the FIR since he is the owner of the hotel in question.

It is submitted by learned counsel for the petitioner that the accusation of persuading the victim is against Munna and Lalbabu Paswan, either initially or after the occurrence, andthe victims have not alleged anything against the petitioner, who is the owner of the hotel in question. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the First Information Report.

Considering the thrust of accusation against Munna and Lalbabu Paswan coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from

Patna High Court Cr.Misc. No.70769 of 2018(2) dt.17-12-2018 3/3 today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna in connection with Patna Kotwali P.S. Case No. 648 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T