Ashok Kumar Gupta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2006 of 2018 Arising Out of PS. Case No.-403 Year-2017 Thana- BHAGWAN BAZAR District- Saran ======================================================

1. Ashok Kumar Gupta, S/o- Narendra Kumar Gupta, R/o- Thana More, State Bank Gali, P.S.- Bhagwan Bazar, District- Saran.

2. Dharmendra Gupta @ Dharmendra Kumar, S/o -Lal Babu Gupta, R/o- Vill- Basdiha, P.S.- Jalalpur, District- Saran. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Jainendra Kumar, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2018 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act.

The prosecution case, as per the written report of Indira Rani, the Officer-In-Charge, Chapra Mahila Police Station is to the effect that on 18.10.2017 at 3.40 AM, the informant raided the Ashoka Hotel, when from Room No. 301 of the said hotel, one lady namely Putal Devi and one Pramod Paswan were found in objectionable condition. On query, they stated that they are brother-in-law and sister-in-law (Deva-Bhabhi). On query, it

Patna High Court Cr.Misc. No.2006 of 2018(2) dt.17-01-2018 2/3 was also found that the petitioners are the owner and Manager of the hotel in question, who managed to escape from the scene after taking register from the hotel reception. It is submitted by learned counsel for the petitioners that thrust of accusation is against the apprehended accused persons. The apprehended accused persons checked-in in the hotel and proper booking and entries were made in the register and even assuming the accusation, no offence under the Immoral Traffic (Prevention) Act is made out against even the apprehended accused persons. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are the owner and Manager of the hotel in question.

Considering the nature of accusation and the petitioners having no criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran in connection with Bhagwan Bazar P.S. Case No. 403 of 2017,

Patna High Court Cr.Misc. No.2006 of 2018(2) dt.17-01-2018 3/3 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T