Jabbar Miyan @ Jabbar Miya @ Abdul ... vs The State Of Bihar
2021 Latest Caselaw 4292 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No. 19491 of 2021
           Arising Out of PS. Case No.-9 Year-2020 Thana- DINARA District- Rohtas
 ======================================================

Jabbar Miyan @ Jabbar Miya @ Abdul Jabar @ Abdul Jabar Alam, aged about 51 years, Gender-Male, Son of Ashik Miyan, Resident of Village- Karanj, PS- Dinara, District- Rohtas (Bihar).

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

 For the Petitioner/s       :        Mr. Md. Mushtaque Alam, Advocate
 For the State              :        Mr. Ajay Kumar Jha, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Md. Mushtaque Alam, learned counsel

for the petitioner and Mr. Ajay Kumar Jha, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner is in custody in connection with

Dinara PS Case No. 9 of 2020 dated 03.01.2020, instituted

under Sections 344/366/370(3)/120-B of the Indian Penal Code

and 3(a)(b)/4/5(a) of the Immoral Traffic (Prevention) Act,

1956.

4. This is the second attempt for bail by the petitioner

as earlier such prayer was rejected by judgment dated

06.07.2020 passed in Cr. Misc. No. 20913 of 2020.

Patna High Court CR. MISC. No.19491 of 2021 dt.25-08-2021

5. Learned counsel for the petitioner, submitted that as

per the FIR itself, the informant has stated that she was made to

believe that after 10 days she would be allowed to go upon

fulfilling the contract agreement relating to dancing and singing at

various functions. He submitted that a few days after that only FIR

has been lodged due to dispute relating to money. Thus, learned

counsel submitted that the matter be adjourned for him to bring on

record the details with regard to the programmes held during the

period in which three girls, including the informant, had

participated.

6. On the aforesaid stand of learned counsel for the

petitioner on 04.08.2021, time was granted for filing

supplementary affidavit.

7. Learned counsel for the petitioner submitted that he

has filed supplementary affidavit in which the following has been

stated at paragraphs no. 2 to 5:

"2. That petitioner is running Dance Party from many years ago for the purpose of marriage and other functions for public and name of Dance Party is 'JAI CHANCHALA THEATER SANGEET COMPANY' the new marriage season was to start from December to June.

Hence there are four among them three are dancers and one guardian are inter into agreement between Petitioner on 21.12.2019.

In agreement it is stated that the dancers will remain from 24.12.2019 to 30.06.2020 and every night shall be paid Rs. 2500/- each and total Rs. 7500/- for three Patna High Court CR. MISC. No.19491 of 2021 dt.25-08-2021

dancers to pay on daily basis and also to pay Rs. 7500-2000 (direness) = 5500/- each. As advance Rs. 30000/- has been taken by Sarjun Ram for three dancers and all four persons; three dancers and one guardian Sarjun Ram signed upon agreement and also stated in agreement that 'LAGAN IJJAT KA MAMLA HAI, PROPRITOR JABBAR KHAN KO BEYIJJAT NAHI HONE DEGI' copy of the agreement is Annexure-4 of Bail Application.

3. That the Petitioner Dance company is still going on in which other dancers are present.

4. That it is submitted that as per agreement (Annexure-4 to Bail Application) And in view of the agreement Petitioner and his son (deponent) booked many sattas in hope to be performed by the informant and her members but only after ten days of agreement they not only refused to perform in program but also denied to return the taken advance of Petitioner and also planted the Petitioner in false case.

5. That it is submitted that due to refusal of the informant and her members Petitioner have to gain heavy loss in sudden arrangements of other dancers in different dates of sattas i.e. 22.01.2020, 25.02.2020, 04.05.2020, 12.05.2020, 19.05.2020, 09.12.2020, 19.05.2020, 02.05.2021, 05.06.2021, 20.05.2021, 21.05.2021, 26.05.2021 and 28.05.2021. Copies of the sattas are prepared in two sets, one is handed over to the satta holder and one of the same is kept in the office of Petitioner."

8. Copies of the said documents referred have also been

annexed to the supplementary affidavit.

9. The allegation against the petitioner is that he had

kept the informant and two other girls in his house not allowing

them to go out and it is further alleged that they had been hired

by the petitioner, who runs a dance troupe, and that he had also Patna High Court CR. MISC. No.19491 of 2021 dt.25-08-2021

made attempt to commit immoral act but could not succeed and

further that he had taken their signature on blank paper by

putting them under threat and had told them that he had bought

them for Rs. 30,000/-.

10. Learned counsel for the petitioner submitted that

the allegation is false and the informant and other girls had

taken money to perform in his dance troupe and because they

neither wanted to perform nor return the money, this false case

has been instituted. Learned counsel submitted that as per the

allegation itself, no wrong act was committed and at best, only

the informant and the girls were being pressurized. It was

submitted that the girls, because they belong from outside the

State, were being kept at the house of the petitioner where they

were also being properly taken care of with regard to boarding

and lodging. Learned counsel further submitted that the medical

examination does not disclose any wrong doing and the

petitioner is in custody since 04.01.2020.

11. Learned APP submitted that there is direct allegation

against the petitioner of keeping the girls against their wish and

not allowing them to leave and also of trying to commit immoral

act.

Patna High Court CR. MISC. No.19491 of 2021 dt.25-08-2021

12. Learned counsel for the petitioner submitted that his

entire family and livelihood has been ruined because of the false

case and incarceration and that the Court may impose strict

conditions for his release on bail.

13. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, taking

into consideration that there is material to indicate that there was a

professional relationship between the parties, which may have

gone sour and most importantly, actual physical abuse not being

alleged and the allegation being only that the petitioner had tried

to commit immoral act but could not succeed, the Court is inclined

to grant bail to the petitioner.

14. Accordingly, let the petitioner be released on bail

upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of the

learned SDJM, Bikramganj, Rohtas in Dinara PS Case No. 09 of

2020 subject to the conditions (i) that one of the bailors shall be a

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory Patna High Court CR. MISC. No.19491 of 2021 dt.25-08-2021

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

15. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

16. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T