Chhotu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.45910 of 2014 (2) dt.04-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45910 of 2014 Arising Out of PS.Case No. -647 Year- 2014 Thana -SITAMARHI District- SITAMARHI ====================================================== Chhotu Kumar s/o Uma Shankar Kunwar @ Uma Shankar Kumar, resident of village- Soura, P.S. Bajpatti, District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.46348 of 2014 Arising Out of PS.Case No. -647 Year- 2014 Thana -SITAMARHI District- SITAMARHI ====================================================== Pankaj Kumar Son of Sri Udai Singh Resident of Village - Dumrikala, P.S. - Mejarganj, District - Sitamarhi, At present Manager, Atihi Hotel, Singhwalini Market, District - Sitamarhi.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.45910 of 2014) For the Petitioner/s : Mr. Abhay Kumar Singh For the Opposite Party/s : Mr. Zainul Abedin (App) (In Cr.Misc. No.46348 of 2014) For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-02-2015 Heard learned counsel for the petitioners and the State. The petitioners are seeking bail in Sitamarhi P.S.Case No., 647/2014 for the offences punishable under Sections 3, 4,5,7 and9 of the Prevention of Immoral Traffic Act.

As per allegation both the petitioners were involved in immoral activity in a hotel and they were caught red handed. Both

Patna High Court Cr.Misc. No.45910 of 2014 (2) dt.04-02-2015 the petitioners are in custody since 03.08.2014 In view of the period of custody, let the above named petitioners be released on bail on fruiting bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge-cum- A.D.J, 1st, Sitamarhi, subject to the condition that- (i) one of the bailors will be a close relative of the petitioners.

(ii) if the petitioners would be found involved in similar type of case in future, prosecution will be at liberty to file application for cancellation of bail and the court below will pass necessary orders, including cancellation of bail bonds and (iii) that the petitioners would co-operate and if the petitioners will fail to co-operate in the proceeding of the court and will remain absent for two consecutive dates without reasonable explanation, the court will pass appropriate order, including cancellation of bail bonds.

(Shivaji Pandey, J) singh/- U T