Rajesh Kumar Singh @ Rajesh Ranjan Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77739 of 2024 Arising Out of PS. Case No.-584 Year-2024 Thana- NAGAR District- Vaishali ====================================================== Rajesh Kumar Singh @ Rajesh Ranjan Chauhan Son of Late Paras Singh Resident of village- Dighi Kala(E), P.S- Hajipur Sadar , Distt.- Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Parikshman Dy. Superintendent of Police Hajipur, Vaishali Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshul (Senior Advocate) Mr. Shyam Kishore, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-02-2025 Heard Mr. Anshul, learned senior counsel for the petitioner and Mr. Pranav Kumar, learned APP.
2. The petitioner is apprehending his arrest in connection with Hajipur Town P.S. Case No. 584 of 2024 for the offences punishable under Sections 54/143/127(2)/64/61(2) BNS and 3/4/5/6/7 of Immoral Traffic Act and sections 4, 6, 8, 10, 17 of the POCSO Act, lodged on 11.08.2024 by the informant, Sanjeet Kumar.
3. As per prosecution case, the informant alleged that upon knowledge of immortal trafficking/illegal prostitution business going on in various hotels of Hajipur, the same were raided. In course thereof, Arun Residential Hotel (owned by petitioner of (Cr. Misc. No. 73718/2024), the Residential Hotel Shukla and Paras Residential Hotel were searched in which a number of customers/accused persons in Cr. Misc No.
2/4 73583/2024 and others along with victims, XA, XB, XC were present. From the other places, YA, YB and ZA, ZB were also taken into custody along with so-called customers. Accordingly, the FIR came to be lodged against owners/managers/customers and those present were taken into custody.
4. Learned Senior Counsel for the petitioner submits that he is the owner of Paras Residential Hotel, hardly visits the said Hotel, it is being run by the Manager, in any case, all the persons who were allegedly apprehended by the Police, their entries along with proper Government Identification Cards (Aadhar) were part of the register maintained by the Hotel.
5. He further submits that it is the not case of the Police that any minor was arrested from his Hotel and/or any allegation/complaint made. Further, submissions is that the Manager of the Hotel namely, Subodh Kumar @ Subodh Kumar Rai @ Subodh Rai has been extended relief.
6. The last submission is that he intends to contribute Rs. 50,000/- to make the town in and around Hajipur green, for which, he shall be acting on the aid and advice of the learned counsels representing him for which he shall be providing a Bank Draft in his Senior counsel, copy of which shall be provided to the learned Trial Court. As per the advice, the green
3/4 area and its expenses shall be submitted to the Trial Court in two months.
7. Learned APP opposes the prayer submitting that he being the owner of the Hotel cannot exonerate himself for the illegal act as has been alleged by the Police.
8. Having heard the parties and going through the facts of the case and also that similar situate co-accused have been extended relief, the Aadhar Cards of the entrants were there, in that background, this Court is inclined to grant him the privilege of bail subject to payment of Rs. 50,000/- by way of demand draft addressed to Mr. Anshul, learned Senior counsel who shall be taking steps for making the area in and around Hajipur green after survey of the said place and the copy of the said draft must be filed before the Court concerned. The receipt of the expenses shall also be again submitted before the Trial Court in next two months.
9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge- VIth - cum- Special Judge POCSO, Vaishali at Hajipur in connection with aforesaid P.S. Case, subject to the following conditions.
4/4 (i) one of the bailors should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) krishnakant/- U T