Parveen Kumar @ Parveen Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77 of 2023 Arising Out of PS. Case No.-54 Year-2022 Thana- AWTARNAGAR District- Saran ====================================================== PARVEEN KUMAR @ PARVEEN RAI Son of Lal Babu Rai Resident of Village- Pakawaliya, P.S.- Awtarnagar, District- Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 370, 371, 372, 373 of the Indian Penal Code and Section 3, 5 & 6 of the Immoral Traffic Prevention Act, 1956.

Allegedly, petitioner along with other four accused persons used to run prostitution in his hotel.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case merely on suspicion. The petitioner is Manager of the so-called hotel. From the perusal of the FIR, it is evident that petitioner was not present on the place of occurrence and his name has been transpired in this case on the basis of

Patna High Court CR. MISC. No.77 of 2023(2) dt.04-02-2023 2/2 confessional statement of co-accused Mohan Sah. It is further stated that Kamleshwar Ray instead of the petitioner, is the owner of the hotel, who has been granted bail vide A.B.P. No. 1586/2022. The petitioner has nothing to do with the business of hotel. The statement of the two victim girls u/s 164 Cr.P.C has been recorded in which they have not supported the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since the victim girls have not supported the prosecution case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Awtarnagar P.S. Case No. 54 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T