Md. Qaish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11239 of 2019 Arising Out of PS. Case No.-55 Year-2007 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Md. Qaish, Son of Abdul Majeed, resident of Village-Alinagar Leodhan, P.OLeodhan,P.S.-Baligaon, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arif Daula Siddiquie For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 55 of 2007, registered under Section 363/34 of the Indian Penal Code and Section 14(1) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. The accusation is that on receiving secret information about carrying of children, informant being the A.S.I. of Sadar Police Station, Muzaffarpur along with other police officials reached at East Madipur Road, then saw that five to six persons on seeing the police party started fleeing away with children. On chased, four persons, named in the F.I.R., were apprehended and they also disclosed the name of this

Patna High Court CR. MISC. No.11239 of 2019(3) dt.17-05-2019 2/2 petitioner, who succeeded to flee away. The children also disclosed that they were carrying for doing the work of labourers.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner was not apprehended at the spot rather his name has surfaced in the confessional statement of apprehended persons but they did not disclose the address and parentage of the petitioner and petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, in connection with Sadar P.S. Case No. 55 of 2007, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T