Abhinandan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50130 of 2015 Arising Out of PS.Case No. -55 Year- 2015 Thana -MAHILA P.S. District- MADHEPURA ====================================================== Abhinandan Yadav, S/o Late Yadunandan Yadav, Resident of Village Dinapatti Parariya, O.P. Bharrahi, P.S. and District Madhepura. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Madhepura Mahila P.S. Case No.55 of 2015 for the offence instituted under Section 420 of the Indian Penal Code and sections 3, 5 and 6 of the Immoral Traffic Prevention Act. The prosecution story, in brief, is that the informant, who is S.H.O. of Mahila P.S. that on 26.8.2015 at about 11.00 A.M. the S.P. Madhepura informed the informant that immoral traffic act is being done by some women in a hut situated at Chandni Chowk in the name of shop of pressing the clothes and on this information when the informant along with other police officials and women constables proceeded for Chandni Chowk
Patna High Court Cr.Misc. No.50130 of 2015 (4) dt.09-02-2016 2/3 and raided the hut then in course of raid 3-4 persons fled away after seeing the police personnels and further during raid three women were apprehended in suspicious conditions and the apprehended women disclosed their names as Nitu Devi, Mamta Devi and Ranju Devi. It has been further alleged that on inquiry the apprehended women disclosed the fact that this alleged house (hut) is of Sikendar Yadav and Abhinandan Yadav (the petitioner) in collusion with Sikendra Yadav gets the business of immoral traffic act by cheating and further on search in presence of two independent witnesses 46 empty bottles of King Fisher and two pieces of condom of Kohinoor Company was recovered from the room and accordingly a seizure list was prepared.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has falsely been implicated in the present case. The only material is the confession of a co-accused. There is no other substantive evidence to suggest his implication in the present case. Petitioner is a Government employee named in the present case due to village politics.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let
Patna High Court Cr.Misc. No.50130 of 2015 (4) dt.09-02-2016 3/3 the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhepura, in connection with Madhepura Mahila P.S. Case No.55 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) N.H./- U T