Nawalesh Kumar @ Naolesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62696 of 2018 Arising Out of PS. Case No.-209 Year-2018 Thana- KOTWALI District- Patna ====================================================== Nawalesh Kumar @ Naolesh Kumar, aged about 47 years Son of late Rang Nath Prasad Resident of Village- Bishamvarpur, P.S. Vikram, District- Patna at Present Residing at Shyam Hotel, Frazer Road, Police Station- Kotwali, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Bijpuria, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 418, 419, 420 and 120(B) of the Indian Penal Code and Sections 5, 6, and 9 of the Immoral Traffick (Prevention) Act and Section 7 of the POCSO Act.

The petitioner is manager of the hotel. Few rooms were hired by co-accused Sunil Kumar Suman and the Sunil Kumar Suman was in fact indulged in immoral trafficking. Submission is that none of the witnesses examined before the police has stated that the petitioner had knowledge about the act of Sunil Kumar Suman or was in collusion. Even

Patna High Court Cr.Misc. No.62696 of 2018(3) dt.09-01-2019 2/2 some victims were examined under Section 164 of the Cr. P.C., and they have not stated anything against the petitioner. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Special Case No. 57 of 2018, arising out of Kotwali Police Station Case No. 209 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./Banti/- U T