Kamaruddin Mian @ Miyan @ Md. Kamaruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33872 of 2017 Arising Out of PS.Case No. -143 Year- 2017 Thana -GAYA RAIL P.S. District- GAYA ====================================================== Kamaruddin Mian @ Miyan @ Md. Kamaruddin S/O Habin Mian R/O VillGhusari P.S. Atri, Dist. Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Kumar Singh For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 The petitioner seeks regular bail in connection with Government Railway P.S.Case No.143 of 2017 dated 17.5.2017, G.R.No.233 of 2017, registered for offences punishable under Sections 374 of the Indian Penal Code and Section 26 of the Juvenile Justice Act.

Allegation against the petitioner is of taking the children for working in the 'Churi' factory.

Submission of the learned counsel for the petitioner is that there is nothing against the petitioner and he has been made accused in this case only on the basis of suspicion as he was sitting beside the boys, who have been rescued by the N.G.O. It is further submitted that the person who was actually taking the boys fled away and the petitioner was arrested. He is in custody for about two months. The charge-sheet has also been submitted against the

Patna High Court Cr.Misc. No.33872 of 2017 (3) dt.02-08-2017 2/2 petitioner.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magisgtrate Railway Gaya in connection with Government Railway P.S.Case No.143 of 2017, G.R.No.233 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T