Golden Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11082 of 2022 Arising Out of PS. Case No.-194 Year-2021 Thana- ATRI District- Gaya ====================================================== Golden Mian, Son Of Md. Jawed @ Jawen Mian Resident Of Saraunji, P.S. - Mahkar, Distt. - Gaya.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chhote Lal Mishra- Advocate For the Opposite Party/s :
Mr. Rabindra Kumar- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 370 of the Indian Penal Code, Sections 3, 4 and 7 of the Human Trafficking Act and Sections 14 and 15 of the Child Labour Act. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that two years back his minor son along with his friends were playing when a person enticed his son and one Rahul Kumar on the pretext of offering them wages of Rs.5,000/- per month since then, his child is missing. It is next alleged that during inquiry, the informant received an information through local villagers that petitioner and two others took his son with
Patna High Court CR. MISC. No.11082 of 2022(2) dt.12-09-2022 2/3 them for working at a bangle factory. Accordingly, the informant went to the house of the co-accused Jawed Mian and further talked to his son on telephone. It is next alleged that after two years, the informant talked to his son and further, asked the accused to bring back his son. It is next alleged that the son of the informant came back home and further informed the informant that all the three accused including the petitioner assaulted him with iron rod on his neck and threatened him not to disclose it to anyone.
The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the same is absurd and cryptic. It is also submitted that it absolutely does not stand to reason that if the child of the informant was missing, it would have taken two years to institute the present F.I.R. The learned Additional Public Prosecutor opposes the anticipatory bail application.
Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be
Patna High Court CR. MISC. No.11082 of 2022(2) dt.12-09-2022 3/3 released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Atri P. S. Case No.194 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T