Sunil Kumar Shukla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27281 of 2016 Arising out of PS.Case No. -137 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Sunil Kumar Shukla, Son of Arun Shukla, R/o -Village-Lakshmipur Singhara, P.S- Mahua, District- Vaishali.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Hans Lal Kumar, Advocate. For the Opposite Party : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Town (Hajipur) P.S. Case No. 137 of 2016 for the offences instituted under Sections 114, 290, 370, 354, 509/34 of the IPC and 3,4 and 5 of the Immoral (Traffic Act).
The prosecution story, in brief, is that the informant alongwith other police personnels on 28.02.2016 on a secret information, conducted raid in two hotels, namely, Chandra Hotel and Mayur Hotel. From Room No. 109 of Chandra Hotel, one male and female were found in objectionable condition. They disclosed their identity as Prakash Kumar and Asha Kumari. From Room No. 119, Salim Ansari, Sima Devi and Rani Devi were
Patna High Court Cr.Misc. No.27281 of 2016 (2) dt.11-07-2016 2/3 recovered and from Room No. 117, Deepak and Preeti were apprehended in objectionable condition. From the counter of the Hotel, visitors' register 12 condoms were also recovered. Likewise, from Room No. 23 of Mayur Hotel, one Braj Kishore Singh and Minta Devi were apprehended in objectionable condition. From Room No. 19, one Kailash Yadav and two ladies, namely, Soni Devi and Puja Kumari were also apprehended. During the course of raid, the owner of the Mayur Hotel, namely, Ajay Kumar Singh @ Babloo Singh, made a good escape, however, from the counter, the visitors' register and 25 condoms were recovered. The apprehended persons disclosed that the owner of the Hotel takes a sum of Rs. 1,000/- per room and provides guarantee of safety.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He is said to be the owner of one Chandra Hotel where the police had conducted raid and found that some illegal activities were going on. Number of persons who were apprehended at the alleged time of occurrence have been examined under Section 164 Cr. P.C. and they have not supported the prosecution case which is evident from Annexure-2 to the present application.
On behalf of the State it has been submitted that the
Patna High Court Cr.Misc. No.27281 of 2016 (2) dt.11-07-2016 3/3 petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Town (Hajipur) P.S. Case No. 137/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T