Bhim Sada @ Bhim Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31664 of 2023 Arising Out of PS. Case No.-233 Year-2022 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== BHIM SADA @ BHIM KUMAR Son of Bhatlu Sada Resident of Village - Manikchak Ukhraura, P.S.- Alauli, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Mr. Indrajeet Kumar For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 370(5) of the Indian Penal Code, Section 79 of J.J. Act and Section 3/4 of Child Labour Act.

As per allegation in the F.I.R., some minor children were being taken by Karmbhumi Express by the petitioner for the purpose of child labour.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide para 9 of the petition that during course of the investigation, fathers of the children have not whispered against the petitioner

Patna High Court CR. MISC. No.31664 of 2023(2) dt.17-05-2023 2/2 about trafficking rather they supported that due to poverty, they consented to work by their children as such they have sent their children. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 3.11.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chhapra Rail P.S. Case No. 233 of 2022 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, Sharan at Chhapra.

(Sunil Kumar Panwar, J) Amandeep/- U T