Budhan Sharma @ Dhaneshwar Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18963 of 2016 Arising Out of PS.Case No. -298 Year- 2015 Thana -GHOSI District- JEHANABAD ======================================================

1. Budhan Sharma @ Dhaneshwar Sharma Son of Late Suresh Sharma Resident of Village- Dumri, P.S.- Ghosi District- Jehanabad.

2. Tanikan Singh Son of Late Ram Briksh Singh, Resident of VillageSerthua, P.S.- Ghosi District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Sadanand Paswan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-05-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are named in the first information report and it is alleged that they along with co-accused Rajesh Sharma compelled the informant's daughter to do work in their brick kilns as bounded labourer and they did not allow the informant to met her daughter.

The contention on behalf of the petitioners is that the present case has been lodged at the instigation of local police and, as a matter of fact, prior to the institution of the present case, the local police got instituted Ghosi P.S.Case No. 115 of 2011 against

Patna High Court Cr.Misc. No.18963 of 2016 (2) dt.04-05-2016 2/2 the petitioner no. 1 and his other family members by setting a fictitious person. The petitioner no. 1 and his family members got acquitted in the aforesaid case and, after that, the complaint was made by the petitioner no.1 and others before the Bihar Human Right Commission against the police officials and on the basis of the aforesaid complaint, Bihar Human Right Commission directed the concerned Superintendent of Police to lodge F.I.R against erring police officials and, thereafter, F.I.R was lodged though the police submitted final form but a protest petition was filed by the petitioner no. 1. It is further submitted that the present case is also the off shoot of the above stated litigation.

Moreover, having more or less similar allegation, co-accused Rajesh Sharma has already been granted privilege of bail by this Court. Accordingly, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Ghosi P.S.Case No. 298 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U T