Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.802 of 2025 Arising Out of PS. Case No.-595 Year-2024 Thana- MADHAURAH District- Saran ====================================================== Subodh Kumar S/o- Panchanand Singh Village- Naraun Ps- Awatar Nagar District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tejpratap Singh, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Madhourah P.S. Case No. 595 of 2024 instituted for the offence under Sections 3, 4, 5 & 6 of the Illegal Immoral Traffic (Prevention) Act, 1956.

3.

Prosecution case in short is that during a raid at 'Aditya Hotel', three rooms were found occupied by three men and three women in objectionable conditions, along with condoms and mobile phones. The hotel manager-petitioner, admitted that he rented the room without ID verification. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26-10-2024. Petitioner

Patna High Court CR. MISC. No.802 of 2025(3) dt.27-02-2025 2/3 bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is alleged that from the room No. 104, petitioner and one Manish Kumari were found and if the prosecution case taken to be true on its face value, victim in her statement under Section 180 has stated that she had voluntarily arrived at hotel to meet her boyfriend and she is major and there was love affair between them. Charge sheet is submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Other witnesses have supported the prosecution case, which fact finds mention at paragraph Nos. 6-11 of the case diary. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and there being no specific allegation against the petitioner even in the statement of the victim, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.802 of 2025(3) dt.27-02-2025 3/3 Court below/concerned Court in connection with Madhourah P.S. Case No. 595 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T