IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42081 of 2010 PUSHPA DEVI & ORS Versus STATE OF BIHAR ----------- For the dpetitioner: Mr. Ashwani Kumar Singh,Senior Advocate Mr.Pankaj Kumar Singh, Advocate For the State: Mr.A.P.P. ----- 2. 22.12.2010 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners pray for bail in a case under Sections 3,4,5,7,8 & 9 of the Immoral Traffic (Prevention) Act, 1956 and Section 294 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case in order to malign them, as they have been arrested from their own house and a false allegation has been made that as many as 4-5 male persons in a naked condition jumped from the house and ran away, whereas it is unbelievable that none of those naked male persons running away has been apprehended nor any cloths of such persons have been recovered. It is further submitted by learned counsel that the recovery of other articles also does not lead to any conclusion against the petitioners that they are running a brothel. - 2 - Learned counsel also submits that the provisions of Sections 5,8 and 9 of the Immoral Traffic (Prevention) Act are not at all applicable to the facts alleged in the F.I.R., whereas Section 4 and 7 of the said Act as also Section 294 I.P.C. are bailable, whereas under Section 3 of the said Act the maximum sentence is three years. Learned counsel further submits that petitioner Nos. 2 and 3 are daughter-in-law and daughter respectively of petitioner No.1. It is pointed out by learned counsel that the petitioners have remained in jail for more than two months since 15.10.2010. On a consideration of the entire facts and circumstances of the case, petitioner Nos.(1) Pushpa Devi, (2) Asha Devi and (3) Varsha @ Anuradha Kumari are directed to be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each in Kotwali P.S. Case No.309 of 2010 to the satisfaction of the Chief Judicial Magistrate, Gaya. VPS ( Ramesh Kumar Datta, J. )