Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55348 of 2021 Arising Out of PS. Case No.-60 Year-2021 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== VINOD KUMAR S/O JAGLAL R/o village- Tetaliya Ward No.- 03, P.S.- Kochadhaman, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari, Adv For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 370,34 of the Indian Penal Code, Section 79 of the J.J. (Juvenile Justice) Act and 3/14 of Child Labour Act.

The prosecution case, in short, is that the petitioner was going to Bhatinda (Punjab) alongwith six children and he was apprehended by RPF/GRP police alongwith six minor children.

Patna High Court CR. MISC. No.55348 of 2021(3) dt.07-04-2022 2/3 Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that in fact the petitioner has carried two children, namely, Nitish Kumar and Subit Kumar with the consent of their respective parents and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 29.06.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Samastipur Rail Police Station Case No.60 of 2021, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.55348 of 2021(3) dt.07-04-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T