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Patna High CourtCR. MISC./73749/2022bail granted

Ankit Kumar v. The State Of Bihar

2023-03-28Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73749 of 2022 Arising Out of PS. Case No.-865 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== ANKIT KUMAR S/o Shiya Sharan Prasad, R/v- sohe, P.S.- Jehanabad, District- Jehanabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Senior Adv.

:

Mr. Shyam Kumar, Adv.

:

Mr. Kumar Rajdeep, Adv.

:

Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Jehanabad P.S. Case No. 865 of 2022, registered for the offences punishable under Section 370 (a)/34 of the Indian Penal Code, Sections 3, 4, 5 and 6 of Immoral Traffic Prevention Act, 1956 and Section 8 of the POCSO Act. As per allegation, the police got information that the proprietors of two rest houses situated in Jehanabad were engaged in illegal business of immoral trafficking. Police raided their rest houses. A number of persons in different rooms of those rest houses were apprehended in objectionable state. The petitioner was also apprehend from a room of the rest house in objectionable state along with a girl.

The learned counsel for the petitioner has submitted that the petitioner is not a proprietor or employee of the guest

Patna High Court CR. MISC. No.73749 of 2022(3) dt.28-03-2023 2/3 house. He is an innocent boy of 18 years of age. He has no criminal antecedent and is under custody since 13.09.2022, and on similar footing, the other accused persons have been granted regular bail by the coordinate Benches of this Court. Considering the above-mentioned facts and circumstances as well as the clean antecedent of the petitioner and also considering the fact that the petitioner is just on the border line of juvenility, let him be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-VI-cum-Special Court (POCSO), Jehanabad in connection with Jehanabad P.S. Case No. 865 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the

Patna High Court CR. MISC. No.73749 of 2022(3) dt.28-03-2023 3/3 petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/Sudha U T