Dhiraj Singh @ Dhiraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2518 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- ROSHANGANJ District- Gaya ====================================================== Dhiraj Singh @ Dhiraj Kumar Singh S/O Birendra Singh Resident of VillageSakri, 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.

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

It is submitted by learned counsel for the appellant

Patna High Court CR. APP (SJ) No.2518 of 2019(3) dt.18-07-2019 2/2 that the appellant has no concern with the aforesaid occurrence. He was not apprehended on the spot. There is nothing on record indicating the complicity of the appellant in the occurrence barring confessional statement of co-accused Raju Singh which has no evidentiary value in the eye of law. Appellant has no criminal antecedent.

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

In the facts and circumstances of the case, let the above named appellant be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 Exclusive Special Judge, SC/ST, Gaya in connection with Raushanganj (Banke Bazar) P.S. Case No. 61 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Accordingly, the impugned order is set aside and appeal is allowed.

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