Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22748 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -DARBHANGA RAIL P.S. DistrictSAMASTIPUR ====================================================== Suresh Rai S/o Late Laxman Rai, Resident of Village- Kunaiya, P.S.- Bela, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 07.01.2017 in connection with G.R.P. Darbhanga (Sitamarhi) P.S. Case No. 02 of 2017 registered for the offence punishable under Sections 370/34 of the Indian Penal Code and Section 79 of the Juvenile Justice Act,2015.

The prosecution case, as lodged on the basis of the written application of officer-in-charge, G.R.P., Sitamarhi, is that five persons, including petitioner were taking away five minor children for human trafficking.

It has been submitted by the learned counsel for the petitioner that he is innocent, has not committed any offence and

Patna High Court Cr.Misc. No.22748 of 2017 (4) dt.22-06-2017 2/2 does not bear any criminal history. In fact, the victim boy was his cousin brother and an affidavit was sworn by the father of the victim boy that the petitioner was his own nephew and was taking his cousin brother to Mumbai on a holiday and not for human trafficking and it was out of mistake that the petitioner was implicated.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate (Rail), Samastipur in connection with G.R.P. Darbhanga (Sitamarhi) P.S. Case No. 02 of 2017.

(Nilu Agrawal, J.) Arjun/- U T