Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17252 of 2024 Arising Out of PS. Case No.-428 Year-2023 Thana- MUZAFFARPUR RAIL P.S. DistrictSaran ====================================================== Akhilesh Kumar Son of Saryug Mandal Resident of vill.-Itahari Bhailal Vasa, Ward No.2, P.S.-Alamnagar, Distt.-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 370 of the Indian Penal Code, section 79 of the J.J. Act read with section 3/14 of the Child Adolescent Labour Prohibition and Regulation Act.

3. As per prosecution case, allegation against the petitioner is that he was indulged in child labour and he was arrested with four children who were being taken to Amritsar for working in rice mill.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is also

Patna High Court CR. MISC. No.17252 of 2024(2) dt.14-03-2024 2/2 submitted vide para 7 & 8 of the petition that petitioner has nothing to do with the said children and he has falsely been implicated in this case. From perusal of FIR, it is clear that these children were going to Amritsar for earning their livelihood because of their poverty. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 14.12.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muzaffarpur Rail P.S. Case No. 428 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Sonepur or concerned Court.

(Sunil Kumar Panwar, J) amandeep/- U