Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32544 of 2016 Arising Out of PS.Case No. -308 Year- 2015 Thana -ALAMGANJ District- PATNA ======================================================

1. Mohan Singh S/o Late Ram Charitar Singh Resident of Mohalla- Tulshi Mandi, P.S. Alamganj, Distt- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. K. M. Narain For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Section 290/34 of the IPC and Sections 3/4/5 of Immoral Traffic (Prevention) Act. Learned counsel for the petitioner submits that the allegation against the present petitioner is that in the Kamla Utsav Palace which is owned and possessed by him, there was immoral trafficking going on and some persons were recovered from the said Utsav Palace in an objectionable condition. It was thus alleged that the petitioner being the owner, was also involved in the flesh trade being conducted at the said premises. He further submits that actually the petitioner is merely an owner and the

Patna High Court Cr.Misc. No.32544 of 2016 (2) dt.23-12-2016 P2/2 Utsav Hall is being run by the Manager, namely, one Chandeshwar Singh, and not this petitioner, who had taken the entire rest house and had been entrusted with the management of the said Utsav Palace. However, only because he is owner of the said premises, he is facing prosecution.

Considering the nature of allegations made against the petitioner and that admittedly he is merely owner and the rest house was being run by the Chandeshwar Singh, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna City, in connection with Alamganj P.S. Case No. 308/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T