IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24786 of 2010
VINAY KUMAR, SON OF LATE AMBIKA PRASAD
Versus
STATE OF BIHAR
with
Cr.Misc. No.24577 of 2010
1. BHULOK PRABHA, SON OF LATE PRABHA SHANKAR KARN
2. DHARMENDRA KUMAR, SON OF CHANDRA KUMAR
3. SANJEEV KUMAR, SON OF ARUN SINGH
4. PANKAJ KUMAR, SON OF LAXMAN PRASAD
Versus
THE STATE OF BIHAR
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3. 24.09.2010 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for the
offence under Sections 3, 5, 6 and 8 of Prevention of Immoral
Trafficking Act 1956.
The prosecution case is that five males were
intercepted with a girl who was allegedly moving around with
them on suspicion that she had been called for immoral
trafficking. The girl was detained and she stated that she was
working in a Computer firm and had been brought to Gaya and
taken to a brothel, and nothing more.
It has been submitted that subsequently the girl in
question gave a written statement stating therein that she was
not involved in immoral trafficking nor were any co-accused
involved in such an act.
Considering the same, let the petitioners above
named, be released on bail on furnishing bail bond of Rs.
5,000/- (Five thousand) each with two sureties of the like
2
amount each or any other surety to be fixed by the court
concerned to the satisfaction of Chief Judicial Magistrate, Gaya,
in Kotwali (Gaya) P.S. Case No. 175 of 2010 subject to the
following conditions: (i)That one of the bailors will be a close
relative of the petitioners who will give an affidavit giving
genealogy as to how he is related with the petitioners. The
bailor will undertake to furnish information to the court about
any change in address of the petitioners. (ii)That the affidavit
shall clearly state that the petitioners are not accused in any
other case and if they are, they shall not be released on bail.
(iii)That the bailor shall also state on affidavit that he will inform
the court concerned if the petitioners are implicated in any other
case of similar nature after their release in the present case and
thereafter the court below will be at liberty to initiate the
proceeding for cancellation of bail on the ground of misuse.
(iv)That the petitioners will give an undertaking that they will
receive the police papers on the given date and be present on
date fixed for charge and if they fail to do so on two given dates
and delay the trial in any manner, their bail will be liable to be
cancelled for reasons of misuse. (v) That the petitioners will be
well represented on each date and if they fail to do so on two
consecutive dates, their bail will be liable to be cancelled.
( Anjana Prakash, J.)
S.Ali