Dharam Lal Rishi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11282 of 2019 Arising Out of PS. Case No.-128 Year-2016 Thana- JALALGARH District- Purnia ====================================================== 1.

DHARAM LAL RISHI, Son of Kitu Rishi Resident of Village -Vikrampatti, P.S.- Maranga , Distt.- Purnia.

2.

Rabin Rishi, Son of Bhatu Rishi Resident of Village -Vikrampatti, P.S.- Maranga , Distt.- Purnia.

3.

Arjun Rishi, Son of Late Ram Bilash Rishi Resident of Village -Vikrampatti, P.S.- Maranga , Distt.- Purnia.

4.

Bheem Rishi Son of Bilash Rishi Resident of Village -Vikrampatti, P.S.- Maranga , Distt.- Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-04-2019 Heard learned counsel for the parties.

Petitioners, who are in custody, seek bail registered for the offences punishable under Sections 367 and 370 of the Indian Penal Code and under Section 81 of J.J. Act. Informant in his written complaint addressed to officer in-charge, police station has alleged that his minor son Chhotu Rishi and other children have been induced by accused Dharam Lal Rishi and he sold them to a contractor, who is taking work from them in Meerut and to recover his minor child

Patna High Court CR. MISC. No.11282 of 2019(2) dt.05-04-2019 2/3 and to take action against the accused.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. The victim boys were recovered by the police and there statement was recorded under Section 164 of Cr.P.C. in which they have stated that due to poverty and starvation they went to earn on their own volition and they were not bonded labour. Similar statement has been recorded by the all four minor children who were recovered by the police. Petitioners have got no criminal antecedent and are in custody since 26.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Jalalgarh P.S. Case No. 128 of 2016, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every

Patna High Court CR. MISC. No.11282 of 2019(2) dt.05-04-2019 3/3 date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

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

(S. Kumar, J) manoj/- U T