Purnendu Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43697 of 2023 Arising Out of PS. Case No.-195 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== Purnendu Pal Son Of Sameer Pal Resident Of Village - Kurulia Ruhina, P.S. - Badwan, Distt. - Murshidabad, (West Bengal), 742132 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Ojha For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 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 sections 370 of the Indian Penal Code and Section 79 of the JJ Act. As per prosecution case, the petitioner was apprehended on the spot and from his possession seven minor children were recovered who were taking to Nepal by the petitioner to work as a 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 merely on the basis of suspicion. The petitioner was a driver of a vehicle and he

Patna High Court CR. MISC. No.43697 of 2023(2) dt.21-07-2023 2/2 was given only two thousand rupees to execute the work rather he was unaware of the actual purpose for which the children were being taking to Nepal. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 19.04.2023. 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 after framing of charge, if charge has not been as yet. The above named petitioner is directed to be released on bail in connection with Raxaul P.S. Case No. 195 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 Sub-Divisional Judicial Magistrate, Motihari.

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