Dinesh Patel @ Machel@Michel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80009 of 2018 Arising Out of PS. Case No.-575 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Dinesh Patel @ Machel @ Michel, son of Asarfi Patel, Resident of VillageSubala, P.S.- Mejarganj, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 342, 120B, 366B, 370(2), 370(3), 370(5), 370(A)(1), 376(A)(2), 372, 373, 376, 34 of the Indian Penal Code, Sections 4, 5, 6, 7 (ii)(c), 9 of Immoral Traffic Act, Sections 8, 12 of POCSO Act and Sections 75, 26 of the J.J. Act.

In the written report, it is alleged that police after getting information of human trafficking and prostitution in the shadow of orchestra party, raided the house of Mannan Ansari and co-accused Rakesh Kumar Sah and found three male and female persons in questionable condition.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.80009 of 2018(4) dt.12-03-2019 2/3 he is innocent and has falsely been implicated in this case. The victim girl has not stated any thing against the petitioner in her statement made under Section 164 Cr.P.C. Similarly placed coaccused has already been granted bail by a co-ordinate Bench of this Court as contained in Annexure 4. Petitioner has no criminal antecedent and he is in custody since 04.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Turkauliya P.S. Case No. 575 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of

Patna High Court CR. MISC. No.80009 of 2018(4) dt.12-03-2019 3/3 bail of the petitioner.

(S. Kumar, J) Sanjay/- U T