Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2517 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- ROSHANGANJ District- Gaya ====================================================== Raju Singh S/o Late Harinarayan Singh R/o Village- Hardaspur, P.S.- Kudra, District- Bhabhua (Kaimur) ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ravindra Kumar Sinha For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 08.05.2019 passed by learned Exclusive Special Judge, SC/ST, Gaya in Raushanganj (Banke Bazar) P.S. Case No. 61 of 2019 registered under Sections 370, 371, 374/34 of the Indian Penal Code, Section 3/4 of Prevention of Human Trafficking Act, Section 14 of Child Labour Act, 79/81 J.J. Act and Section 3(1)(h) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Appellant is said to have been apprehended in a bus in the course of trafficking four minor children for working in the hotel of Dhiraj Singh as child labour.

It is submitted by learned counsel for the appellant

Patna High Court CR. APP (SJ) No.2517 of 2019(3) dt.18-07-2019 2/2 that the appellant has no concern with the aforesaid occurrence. As a matter of fact, he was travelling in the bus sitting beside the aforesaid children, in the meantime, police apprehended the appellant on suspicion and recorded his confessional statement under coercion. Barring his aforesaid confessional statement, there is nothing on record indicating the complicity of the appellant in the occurrence. Appellant has no criminal antecedent and has been languishing in custody since 05.04.2019.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST, Gaya in connection with Raushanganj (Banke Bazar) P.S. Case No. 61 of 2019. Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) rohit/- U T