Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83189 of 2024 Arising Out of PS. Case No.-193 Year-2024 Thana- SAMASTIPUR District- Samastipur ====================================================== Abhishek Kumar, S/O Late Ram Vilash @ Ram Vilash Pal, R/O VillageRajkhand, Ward-30, P.S- Karpurigram, Distt.- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Inspector Cum S.H.O Ashutosh Kumar Posted at Samastipur Police Station. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Om Prakash Om, Advocate For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-03-2025 Heard Mr. Om Prakash Om, learned counsel for the petitioner and Mr. Syed Ehteshamuddin, learned APP for the State.

2. The petitioner has prayed for bail in connection with Town P.S. Case No.193 of 2024 registered for the offence punishable under Sections 3, 4, 5 and 7 of Immoral Traffic (Prevention) Act 1956 and Section 6 of the POCSO Act.

3. The case of the prosecution is that on information that Amit Rest House was used for illegal flesh trade, the rest house was raided and it is alleged that many persons along with the petitioner were found different room. The petitioner was found with a lady aged about 27 years.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It is further

Patna High Court CR. MISC. No.83189 of 2024(4) dt.05-03-2025 2/2 submitted that the petitioner and the lady both are major and they were in the room with consent. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is further submitted that similarly situated co-accused person has been granted bail by this Court vide order dated 30.01.2025 in Cr. Misc. No. 82658 of 2024. Moreover, the petitioner is languishing in judicial custody since 12.09.2024.

5. The learned APP for the State has submitted that as both are major, no offence is attracted.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, 6th-cum-Special Court, POCSO, Samastipur in connection with Town P.S. Case No. 193 of 2024. (Ashok Kumar Pandey, J) lata/- U T