Gauri Shankar Vidharthi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52779 of 2022 Arising Out of PS. Case No.-446 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.

Gauri Shankar Vidharthi Son of Late Nand Kishore Prasad Resident of - Chakbandi Road Bhabua, Ward No. 10, Post and P.S.- Bhabua, District - Kaimur (Bhabua).

2.

Shanti Devi W/o Gauri Shankar Vidharthi Resident of - Chakbandi Road Bhabua, Ward No. 10, Post and P.S.- Bhabua, District - Kaimur (Bhabua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-12-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Bhabua P.S. Case No. 446 of 2022 registered for the offence under Sections 3, 4, 5(a), 6(1)(b) of the Immoral Traffic Prevention Act 1956.

The accused/petitioners are named in the F.I.R. and are in custody since 12.07.2022.

As per allegation set out through F.I.R., the premises of the petitioners, which was given on rent to other co-accused

Patna High Court CR. MISC. No.52779 of 2022(2) dt.20-12-2022 2/3 persons, was alleged to be used for immoral purposes, where on raid a man and a woman alleged to found in naked condition. Learned counsel appearing on behalf of the petitioners submitted that petitioners are the owner of the alleged premises, which was given on rent vide agreement dated 30.06.2022. It is further submitted that nothing surfaced during the course of investigation, which may suggest active participation of these petitioners in alleged occurrence, who are husband and wife. While concluding the argument, it has been submitted that both petitioners are of clean antecedent and moreover, investigation has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as petitioners are the owner of the alleged premises having no allegation towards active participation in alleged occurrence of immoral practices coupled with the fact that charge-sheet has been submitted, let both above named petitioners are directed to be released on bail in connection with Bhabua P.S. Case No. 446 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.52779 of 2022(2) dt.20-12-2022 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabua/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T