Parvati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35936 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- MAHILA PS District- Buxar ====================================================== Parvati Devi Wife Of Bihari Lal Chaurasia R/O Vill.- Pandey Patti, P.S.- Buxar (M), Dist.- Buxar.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Dr. Kamal Deo Sharma, Advocate For the Opposite Party :
Mr. Tapeshwar Sharma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Buxar Mahila P.S. Case No. 66 of 2022, dated 28.12.2022, instituted for the offence punishable under Sections 419, 420 and 376 of the Indian Penal Code, Section 4/8 of the POCSO Act, Section 4/8 of the POCSO Act and Sections 3, 4, 5, 7 and 9 of the Immoral Traffic Act.
3. As per the F.I.R., on the basis of secret information regarding Sex racket, the informant with other police official raided the Hotel Anita, Hotel Paradise and Hotel Vaishnavi, situated on station road and apprehended many male and female from different rooms of aforesaid
Patna High Court CR. MISC. No.35936 of 2023(2) dt.21-07-2023 2/3 hotels.
4. Learned counsel for the petitioner submits that the petitioner is innocent and she has falsely been implicated in this case. It is submitted that the petitioner is the owner of the hotel premises and her premises was given on rent by a rent-agreement dated 30.06.2022 to one Chandra Shekhar Pandey, who is the proprietor of the Hotel Maa Vaishnavi. It is specifically mentioned in the said rent-agreement that the second party shall use the premises directly for valid and lawful activities, permissible under law. It is further submitted that the petitioner has no concern with the said person as she is lessor. Further, it is submitted that co-accused, namely, Anita Devi, has been granted anticipatory bail vide order dated 22.06.2023 passed in 14968 of 2023 by a co-ordinate Bench of this Court. Lastly, it has been submitted that she has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest/surrender of the petitioner in connection with Buxar Mahila P.S. Case No. 66 of 2022, she shall be released on
Patna High Court CR. MISC. No.35936 of 2023(2) dt.21-07-2023 3/3 anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge VI - Cum - Special Judge, POCSO Act, Buxar, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) shanu/- U T