Patna High Court - Orders
Anuj Chourasiya @ Anuj Kumar Chourasiya ... vs The State Of Bihar on 20 May, 2014
Author: Birendra Prasad Verma
Bench: Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12062 of 2014
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1. Anuj Chourasiya @ Anuj Kumar Chourasiya S/O Late Baleshwar
Prasad Chourasiya, R/O Village- Mohammadpur, P.S- Begusarai Town,
District- Begusarai.
2. Shambhu Kumar S/O Krishna Sah, Resident of Village- Chhati Road,
P.S- Begusarai Town, District- Begusarai.
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rai Mukesh Sharma
For the Opposite Party/s : Mr. APP
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
2 20-05-2014Heard.
The petitioners seek bail in a criminal prosecution registered under Section 120(B) of the Indian Penal Code as also under Sections 3/4/5/6 of The Immoral Traffic (Prevention) Act, 1956.
It is submitted that the petitioner no.1 is the owner and the petitioner no.2 is the Manager of a Hotel in the town and district of Begusarai. It is also submitted that three couples came to the hotel as a bonafide guests and occupied different rooms as wife and husband, but during the course of raid conducted by the police, they were found in objectionable conditions. It is pleaded that in the factual matrix of the case, the offence under the provisions of The Immoral Traffic (Prevention) Act, 1956 is not applicable against the petitioners. It is highlighted that the persons, who were found in objectionable condition and were apprehended by the police in the hotel, have already been granted bail by the learned court below. It is next highlighted that the petitioners are in judicial custody since 21.12.2013 and have sufficiently been Patna High Court Cr.Misc. No.12062 of 2014 (2) dt.20-05-2014 2/3 punished for the crime, if any, committed by them.
Learned Additional Public Prosecutor appearing on behalf of the State, though has opposed the prayer for bail, but has not disputed the aforesaid submissions.
Be that as it may, particularly taking into consideration the period of incarceration, the prayer for bail is allowed. The petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 50,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 864 of 2013, subject to conditions that:
(A) One of the bailors must be government servant or close family members of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners, (B) if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be Patna High Court Cr.Misc. No.12062 of 2014 (2) dt.20-05-2014 3/3 at liberty to cancel the bail bonds of the petitioners.
(Birendra Prasad Verma, J) BTiwary/-