Md. Nek Mohammad v. The State Of Bihar

Patna High Court Cr.Misc. No.3953 of 2017 (2) dt.23-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3953 of 2017 Arising Out of PS.Case No. -91 Year- 2016 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Md. Nek Mohammad, Son of Md. Irdish Mian, resident of VillageBalrampur Katharia Bazar, Police Station- Kathariya in the district of Rothat (Nepal).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sushant Kumar, Advocate. For the Opposite Party/s : Mr. Sri Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with G.R.P. Darbhanga (Sitamarhi) P.S. Case No. 91 of 2016, registered under Section 370 of the Indian Penal Code and Section 16 of the Bounded Labour System (Abolition) Act, 1979.

The accusation is that, on receiving secret information about boarding children for bounded labourers at Karmbhumi Express, the informant being the Assistant Commandant, 20 Battalion SSB, Sitamarhi, reached there and apprehended altogether 17 persons including the petitioner and recovered 29 children. At that time, petitioner was found in possession of two

Patna High Court Cr.Misc. No.3953 of 2017 (2) dt.23-02-2017 children, namely, Md. Aslam and Md. Faijulla. Learned counsel for the petitioner submits that petitioner was apprehended at the spot with two children, namely, Md. Aslam and Md. Faijulla, who are sons of brother-in-law of the petitioner. It is further submitted that petitioner has no criminal antecedent and is in custody since 29.10.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rail, Samastipur, in connection with G.R.P. Darbhanga (Sitamarhi) P.S. Case No. 91 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

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