Dharmendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2032 of 2022 Arising Out of PS. Case No.-71 Year-2021 Thana- SONPUR RAIL P.S. District- Saran ====================================================== 1.

DHARMENDRA MAHTO Son of Mohit Lal Mahto, Resident of Village - Jhahari, P.S. - Gawalpara, District - Madhepura. 2.

Balbindra Kumar Son of Mohit Kumar Mahto, Resident of Village - Jhahari, P.S. - Gawalpara, District - Madhepura.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Sonepur (Hajipur) P.S. Case No. 71 of 2021 lodged under Section 370/34 of the Indian Penal Code, 1860 read with Section 79 of the Juvenile Justice (Care and Protection of Child) Act, 2015 (Act No.2 of 2016) and Section 3/14 of the Child and Adolescent Labour (Prohibition and Regulation Act, 1986 (Act no.61 of 1986).

There are in total nine named accused persons in the present police case. The allegation against the present petitioners is to brought seventeen children for employment in Punjab and other places.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.2032 of 2022(2) dt.07-06-2022 2/2 petitioner no.1 is the school teacher and petitioner no.2 is a student. He also submits that the Co-ordinate Bench of this Hon'ble Court has granted bail to other accused persons vide order dated 08.04.2022, 19.04.2022 and 22.04.2022 in Cr. Misc. No. 58489 of 2021, Cr. Misc. No.62725 of 2021 and Cr. Misc. No.60770 of 2021 respectively.

Learned A.P.P. has opposed the prayer for bail of the petitioners and submits that large number of children were recovered from a train and was being taken to different places for work.

In the above mentioned facts and circumstances and with a view to maintain the parity and considering the period of custody since 04.08.2021 and also considering this aspect that petitioners have clean antecedent, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sonepur, Saran in connection with Sonepur (Hajipur) Rail P.S. Case No. 71 of 2021.

(Dr. Anshuman, J) ravishankar/- U T