ARUN KUAMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three applications arise out of the same order of cognizance having been taken against the three petitioners, namely, Arun Kumar, Bishwanath Prasad and Baliram Giri. Accordingly, they have been heard together and are being disposed of by this common judgment.

(2.) These three applications are directed against the Order dated 10.12.1981 passed in G.R. Case No. 3468 of 1981/T.R. No. 1569 of 1982 by the Chief Judicial Magistrate, Patna, taking cognizance under Sections 3, 5 and 7 of the Suppression of Immoral Traffic In Women And Girls Act, 1956 (hereinafter referred to as 'the Act').

(3.) The prosecution has been initiated on the basis of a first information report lodged by the Sub Inspector of Police, Pirbahore police Nation on 31.8.1981. It appears that on getting confidential information at about 9.30 P.M., the Sub Inspector of Police of Pirbahore Police Station on 30.8.1981 had gone to a hotel, named and styled as 'Ajanta Hotel' situated at Govind Mitra Road, within Patna Town. The information was that in the aforesaid hotel, some women for the purpose of prostitution have been brought and that has also caused some sort of tension. The Sub Inspector of Police accompanied with other constables and Havaldar and also the Assistant Sub Inspector of Police reached the hotel, as stated above, and found the main gate closed. However, the gate was opened by the Proprietor Bishwanath Prasad and an employee Ram Sharan Mahto. The Sub Inspector found that room Nos. 1 and 2 were bolted from inside. It was made known to him that some persons were staying inside the two rooms. However, he did not find any entry what-so-ever in the register maintained by the hotel for that purpose regarding the two rooms i.e. room Nos. 1 and 2. One Jagdish Narayan, Investigating Inspector, Wireless, North Bihar Zone P. & T Department, Muzaffarpur was staying in Room No. 3 and in Room No. 4 one Shri Pashupati Singh of Siwan was staying. The Sub Inspector of Police took both the persons along with him and got Room No. 1 opened. He found a lady and a male inside the room. They did not disclose convincing relationship inter se. When they were repeatedly questioned, the lady disclosed her name to be Malti Devi daughter of Ram Lagan Prasad, resident of Barao, P.S. Nokha, District Rohtas. The male disclosed his name to be Balram Giri son of Raghunath Giri, resident of Katahri, P.S. Shikarpur, District West Champaran. From Room No. 2, two ladies and one male were detected. The male disclosed his name to be Arun Kumar son of Mohan Prasad, resident of Murgia Tola, P.S. Sasa Musa, District Gopalganj and the two ladies disclosed their names to be Chandrawati Charan daughter of Raja Ram Prasad, resident of Urdu Bazar, Gorakhpur, present address being Student, Nurses Hostel, Patna Medical College Hospital and Asha Kumar alias Seema Kumari daughter of Md. Habib, resident of Shahganj, P.S. Sultanganj, District Patna. These two women also could not disclose satisfactory relationship with the male person Arun Kumar.