Kanhai Sao @ Kanhai Gupta @ Kanhai Lal Sav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14474 of 2020 Arising Out of PS. Case No.-23 Year-2020 Thana- BELAGANJ District- Gaya ====================================================== KANHAI SAO @ KANHAI GUPTA @ KANHAI LAL SAV S/o Sitaram Sao R/o village- Belhari, P.S.- Belaganj, Distt.- Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 2 For the Opposite Party/s :

Mrs. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mrs. Anita Kumari Singh, learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Belaganj P.S. Case No. 23 of 2020 for the offence registered under Sections 370/34 of the Indian Penal Code and Section 14(1) of the Child & Labour Act.

The allegation is that when a raid was conducted by the Labour Enforcement Officer in various hotels and establishments, it was found that child labours were being engaged in the said hotels, establishments and as far as the

Patna High Court CR. MISC. No.14474 of 2020(2) dt.30-06-2020 2/3 petitioner is concerned, one nine years old child labour was found working in hotel.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the hotel of the petitioner is situated at the bus stand and the said child, who is alleged to be working at the hotel, was in fact having his break-fast at the hotel of the petitioner. It is further submitted that there is no connection of the petitioner with the said child.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner and taking into account the fact that the petitioner is having a clean antecedent and the hotel is situated at the bus stand, I deem it fit and proper to grant benefit of doubt to the petitioner herein for the purposes of grant of anticipatory bail, hence I direct to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his

Patna High Court CR. MISC. No.14474 of 2020(2) dt.30-06-2020 3/3 arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-XI, Gaya in connection with Belaganj P.S. Case No. 23 of 2020 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T