Md. Sakib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15582 of 2021 Arising Out of PS. Case No.-579 Year-2017 Thana- PATNA GRP CASE District- Patna ====================================================== Md. Sakib Son of Md. Umar Resident of Village- Chhoti Bhandsar, P.S.- Bhawanipur, District- Purnea, Pin Code- 854101 (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhen Sarkar For the Opposite Party/s :

Mr. Choubey Jawahar A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

12-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Patna Jn. Rail P.S. Case No. 579 of 2017, registered for the offence under Sections 370, 374/34 of the Indian Penal Code, Section 14 of the Child Labour (Prohibition and Labour Regulation) Act, Section 26 of the Juvenile Justice Act and Section 17 of the Bonded Labour Act. The allegation against the petitioner is that he was taking away 14 children to Maharashtra for engaging them, as child labour, on the pretext of providing them education in Madarsa.

It is submitted on behalf of petitioner that petitioner has been made accused in this case only on suspicion. Petitioner claims clean antecedent and he is in custody since 04.03.2020.

Patna High Court CR. MISC. No.15582 of 2021(3) dt.12-07-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Patna in connection with Patna Jn. Rail P.S. Case No. 579 of 2017, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T