Ramesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9196 of 2023 Arising Out of PS. Case No.-62 Year-2022 Thana- RAXAUL RAIL P.S. District- West Champaran ====================================================== RAMESH SAHANI Son of Late Sonalal Sahani R/v- Simra, Ward No. 04, P.S.- Simra, District- Bara (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Advocate.

Mr. Abhishek Kumar, Advocate.

For the Opposite Party/s :

Mr. Rajeev Nayan, APP-231 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2023 Heard Ms. Rashmi Jha, learned counsel for the petitioner and Mr. Rajeev Nayan, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Raxaul Rail P.S. FIR No. 62 of 2022 dated 7.10.2022 registered for the offence punishable under Section 370 of the Indian Penal Code 1860 and Section 79 of the Juvenile Justice (Care and Protection of Children) Act.

As per the First Information Report when the informant after attending the meeting organized by the Railway Child Line, Raxaul, came out in circulating area of the Raxaul Railway Station near the ticket counter, he saw four minor children and upon enquiry they disclosed that they were being

Patna High Court CR. MISC. No.9196 of 2023(2) dt.10-05-2023 2/3 taken to Gujarat for work in Grand N Steel Company, Baroda, by the petitioner.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case mainly because he was present near the railway station in order to see his relative off. She further submits that the petitioner has been implicated in this case on the basis of suspicion and allegedly the indication made by the children. Learned counsel next submits that petitioner is in custody since 8.10.2022 having no criminal antecedent and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the petitioner has got no criminal antecedent, he is in custody since 8.10.2022, charge sheet has been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.9196 of 2023(2) dt.10-05-2023 3/3 satisfaction of learned Railway Judicial Magistrate, Bettiah, West Chaparan, in connection with Raxaul Rail P.S. F.I.R. No. 62 of 2022.

(Anil Kumar Sinha, J) S.Ali/- U T