Gauri Shanker Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26720 of 2015 Arising Out of PS.Case No. -76 Year- 2013 Thana -SARAN GRP CASE District- SARAN ====================================================== Gauri Shanker Sahani Son of Jamindar Sahni resident of village - Salempur, P.S. Minapur, District - Muzaffarpur, Present address Village - Salempur, P.S. Tariyani, District - Sheohar .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. U.S.P Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-07-2015 The petitioner is apprehending his arrest in connection with Muzaffarpur Rail P.S. Case No. 76 of 2013 for the offences instituted under Sections 370, 374 of the Indian Penal Code, Section 23/26 of the J.J. Act and 14 (1) of the Child Labour Act. Heard learned counsel for the petitioners and learned counsel for the State.

The petitioner is permitted to make necessary in the prayer portion.

The prosecution story, in brief, is that eight persons were arrested who were taking 30 children for working as labourer. The arrested accused disclosed their guilt and the children also disclosed the same fact as alleged in the first information report. It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.26720 of 2015 (2) dt.21-07-2015 2/2 petitioner has been implicated in the present case due to mistake of fact. It is further submitted that other co-accused person, namely, Ram Shankar Sahni has already been granted anticipatory bail by this Court vide Cr. Misc. No. 19049 of 2015.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Muzaffarpur Rail P.S. Case No. 76 of 2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Sonepur, Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. , (Sudhir Singh, J) Mahesh/- U T