Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65653 of 2025 Arising Out of PS. Case No.-362 Year-2025 Thana- PALIGANJ District- Patna ====================================================== Gautam Kumar S/O Mithlesh Singh Resident of Village- Dariyapur, P.S.- Paliganj, District- Patna Presently Residing At Near M- 2nd B/1, Gali No. 2, P.S.- Deoli, District- South Delhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tar Babu Police Inspector cum Supervisor, Posted Paliganj Police Station, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditya Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-09-2025 Heard Mr. Surendra Kishore, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP.

2. The petitioner is apprehending his arrest in connection with Paliganj P.S. Case No. 362 of 2025 for the offence under sections 127(6), 137(2) and 61(2) of the BNS, Sections 4, 8 and 12 of the POCSO Act and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act lodged on 24.07.2025 by the informant, Tar Babu.

3. As per the prosecution story, the informant alleged that Khana-Khazana Restaurant-cum-Guest House in Paliganj was raided and the minor boys/girls were found in objectionable condition in separate rooms. The manager, Raj Kumar who was

Patna High Court CR. MISC. No.65653 of 2025(2) dt.17-09-2025 2/2 arrested disclosed that this petitioner is the owner of the guest house and it was with his active connivance that the said practice was being undertaken and the amount was directly transferred in his account. This led to the FIR.

4. Though learned counsel for the petitioner tried to impress upon this Court that he remains away from Paliganj in Delhi, learned APP, Mr. Jitendra Kumar Singh submits that a perusal of the FIR would show that the amount used to be transferred to his account which clearly shows his complicity in the matter, in that background, no relief can be extended.

5. The anticipatory bail application stands rejected.

6. If, however, the petitioner surrenders within four weeks, the concerned Court shall take up the matter and dispose it of preferably on the same day.

(Rajiv Roy, J) Adnan/- U T