Arvind Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41489 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- BIHARSHARIF RAIL P.S. District- Patna ====================================================== ARVIND CHOUDHARY Son of Late Garib Choudhary Resident of Village - Haridih, P.S.- Neemchak Bathani, Dist.- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Amrendra Kumar Sinha No.1 For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Rail P.S. Bihar Sarif (Rajgir PP) Case No. 07 of 2019 G.R. No. 128 of 2019 registered for the offence punishable under Sections 370, 374 of the Indian Penal Code and Section 26 of Juvenile Justice Act and Section 3 of Child Labour (Prohibition and Regulation) Act.

Allegation against petition is of trafficking of some minor children who were apprehended in Shramjivi Express when they were being taken from Rajgir to Lucknow for doing labour work.

It has been submitted on behalf of petitioner that he is innocent and nothing has been recovered from his possession. None of the children has named him nor their parents has

Patna High Court CR. MISC. No.41489 of 2019(3) dt.27-09-2019 2/2 disclosed the name of petitioner and he was arrested by the police on suspicion only. Petitioner has no criminal antecedent and is in custody since 29.03.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Railway Magistrate, Patna Junction, in connection with Rail P.S. Bihar Sarif (Rajgir PP) Case No. 07 of 2019 G.R. No. 128 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T