Sunil Kumar @ Sunil Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14746 of 2018 Arising Out of PS.Case No. -110 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Sunil Kumar @ Sunil Kumar Sah S/o Satya Narayan Sah, R/o MohallaBagmusha Ward No. 4, P.S.- Town Hajipur, District- Vaishali. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
This is the second round of litigation. Earlier the prayer for bail was rejected vide order dated 17.11.2017 passed in Cr. Misc. No. 52742 of 2017.
Petitioner is languishing in judicial custody since 13.09.2017 in connection with Hajipur Town P.S. Case No. 110 of 2017 for offences punishable under Sections 114, 290, 370, 354, 509 and 34 of the Indian Penal Code, Sections 3, 4, 5 and 7 of the Immoral Traffic Act and Section 4, 6 and 8 of the POCSO Act.
Patna High Court Cr.Misc. No.14746 of 2018 (3) dt.11-04-2018 2/3 The prosecution case, as lodged by the police personnel, is that on secret tip off the hotel named S.K. Residential Hotel, Station Road, Hajipur was raided and from the rooms men and women even minors in objectionable position were found. The petitioner had taken the hotel on rent from one Rajesh Kumar Gupta and Ranjit Kumar Gupta but was involved in immoral trafficking. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case although on that date he had gone for treatment of his mother-in-law and his manager Sunil Kumar Sah was involved in such illegal activities.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Hajipur Town P.S. Case No. 110 of 2017, pending in the court of learned 1st Additional District and Sessions Judge-cum-Special Judge, Vaishali at Hajipur.
The application is, accordingly, rejected. However, the
Patna High Court Cr.Misc. No.14746 of 2018 (3) dt.11-04-2018 3/3 petitioner is at liberty to renew his prayer for bail after framing of charge.
(Nilu Agrawal, J) Devendra/- U T