IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11262 of 2010 SIYA RAM YADAV, SON OF KAMLESHWARI PRASAD YADAV, RESIDENT OF VILLAGE – BANDHA, P.S.-MURLIGANJ, DISTRICT MADHEPURA Versus THE STATE OF BIHAR ----------- 2 29-04-2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has prayed for anticipatory bail in a case where the police has alleged that he is proprietor of a theatre which was performing obscene shows with the help of adult and minor girls in a public fair. Learned counsel for the petitioner has submitted that provisions of Immoral Traffic Prevention Act are not attracted and the only offence which may be made out, if the allegations are found true, is u/s 294 read with 34 of the IPC which is bailable. It has further been submitted that obscenity has been used in general terms and it is not clear how the show was obscene. Considering all the facts and circumstances and aforesaid submission, it is not deemed proper to go into the issue whether all the offences are attracted or not but this application is disposed of with observation that if the petitioner surrenders in the court below, that is, Chief Judicial Magistrate, Nalanda in Silao (Rajgir) PS case no. 216/07 within six weeks from today in that event the prayer for bail shall be allowed to the satisfaction of learned Magistrate. BKS/- (Shiva Kirti Singh, J.)