Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62581 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- MAHILA PS District- Buxar ====================================================== GAUTAM KUMAR SON OF GUPTAJI CHAURASIA RESIDENT OF VILLAGE - PANDEY PATTI, NEAR, F.C.I. GODOWN, PS- BUXAR (TOWN), DISTT- BUXAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 419, 420, 376 of the Indian Penal Code, Sections 4/8 of the POCSO Act and Sections 3, 4, 5, 7 and 9 of the Immoral Traffic Act.
3. As per prosecution case, the police on a tip-off regarding ongoing sex racket in some of the Hotels at Buxar, conducted raid and several boys and girls were caught in compromising position. The petitioner is said to be the owner of the Hotel, namely, Paradize Hotel.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has
Patna High Court CR. MISC. No.62581 of 2023(2) dt.22-09-2023 2/3 committed no offence. Petitioner is running a hotel and he is the bonafide owner of the said hotel admittedly petitioner has no concern with the said sex racket as alleged by the police. He submitted that being the owner of the said hotel petitioner has been made accused in this case but he was not present at the relevant time and the persons who were arrested from the hotel were merely customers of the said hotel. Further, he submitted that from all the customers some relevant documents, such as identity cards, and after entry in the registration of their relationship the room has been allotted to them. Nothing incriminating articles have been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused, who was the Manager of the said hotel has already been granted bail by a Co-ordinate Bench vide order dated 04.05.2023 passed in Cr. Misc. No. 10653 of 2023. He is languishing in judicial custody since 16.08.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged
Patna High Court CR. MISC. No.62581 of 2023(2) dt.22-09-2023 3/3 on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Mahila P.S. Case No. 66 of 2022.
(Sunil Kumar Panwar, J) arish/- U T