Suraj Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33793 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Suraj Dubey Son of Triloki Dubey Resident of Village - Badka Telpa Chowk, P.S.- Chapra Town, District- Saran, at Chapra ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajeev Kumar For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 3, 4, 5, 6 & 7 of the Immoral Traffic (Prevention) Act and under Section 8 of the POCSO Act. In the brothel house allegedly run by one Anita Devi petitioner was apprehended in compromising position with one lady aged about 36 years.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has committed no offence and has no concern with the aforesaid occurrence. He has been falsely implicated in this case. Petitioner's mother is tenant of Arvind Singh and he had paid

Patna High Court CR. MISC. No.33793 of 2019(2) dt.23-05-2019 2/2 visit to her mother to see her and has been falsely implicated in this case at the instance of his enemy levelling concocted and false allegation against him. Utmost, the petitioner may be treated as customer. He was found in the room along with the major lady hence the provisions of POCSO Act is not applicable against him. The petitioner has no criminal antecedent and has been languishing in custody since 29.03.2019. Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Saran at Chapra in connection with Chapra Muffasil P.S. Case No.124 of 2019, subject to condition that petitioner will not indulge in such type of occurrence in future, failing which his bail bonds shall be liable to be cancelled.

(Prakash Chandra Jaiswal, J) Trivedi/- U T