Sunil Kumar Thakur And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11632 of 2019 Arising Out of PS. Case No.-212 Year-2018 Thana- CHHATAPUR District- Supaul * ====================================================== 1.
Sunil Kumar Thakur Son of Bhageshwar Thakur, Resident of Mohalla - Basantpur, Ward No.06, P.O. and P.S. - Birpur, District - Supaul 2.
Hira Singh Son of Fulo Singh, Resident of Village - Kathi, Ward No-3, Muhammadganj, P.S.- Chhatapur, District -Supual 3.
Anil Thakur Son of Rupendra Thakur, Resident of Village - Kathi, Ward No3, Muhammadganj, P.S.- Chhatapur, District -Supual 4.
Kailu Thakur @ Kailash Thakur Son of Rupendra Thakur, Resident of Village - Kathi, Ward No-3, Muhammadganj, P.S.- Chhatapur, District -Supual ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Ravi Shankar For the Opposite Party/s :
Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-02-2019 Heard both sides.
The petitioners apprehend their arrest in Chhatapur P.S. Case No.212 of 2018 registered under Sections 341, 323, 379, 307, 420, 406, 504 and 34 of the Indian Penal Code. The informant filed Complaint Case No.322 of 2018 on the basis of which the present F.I.R. was lodged. The informant wife of Sanoj Kumar Yadav alleged that her husband was working with accused and other labourers in Ward No.10 and during fixing electric pole her husband fell down and came under the pole. Her husband got injuries but the accused took
Patna High Court CR. MISC. No.11632 of 2019(2) dt.26-02-2019 2/3 out Rs.45,000/- from his pocket. It is further alleged that other labourers took her husband to the hospital for treatment. Sunil Kumar Thakur (petitioner no.1), who is a contractor, had assured to make payment of wages but he did not make any payment of wages to her husband.
Learned counsel for the petitioners submits that in fact the husband of informant was working as daily wages worker and he fell down and came under the pole and got injuries. The petitioners did not commit any negligence but the informant demanded Rs.5,31,000/- as wages of her husband and due to non-fulfillment of which the informant lodged this case. Having considered the facts that there is no allegation against the petitioners that they committed any negligence causing injuries to the husband of the informant and the fact that the husband of the informant got injuries while he was working as a daily wages worker in the contract work, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Supaul in connection with
Patna High Court CR. MISC. No.11632 of 2019(2) dt.26-02-2019 3/3 Chhatapur P.S. Case No.212 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Harish/- U T