High Court Patna High Court - Orders

Bhulok Prabha &Amp; Ors vs The State Of Bihar on 24 September, 2010

Patna High Court – Orders
Bhulok Prabha &Amp; Ors vs The State Of Bihar on 24 September, 2010
                    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
                                            -----------

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