Saddam Ansari @ Sadda Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2817 of 2019 Arising Out of PS. Case No.-104 Year-2019 Thana- BHAGALPUR RAIL P.S. DistrictBhagalpur ====================================================== SADDAM ANSARI @ SADDA ANSARI Son of Late Mustafa Ansari Resident of Village- Tinpahar, Police Station- Tinpahar, District- Sahibganj (Jharkhand) ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Suman Kumar For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-08-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for bail vide order dated 13.06.2019 passed by learned 3rd Addl. District and Sessions Judge cum Special Judge, SC/ST Act, Bhagalpur in Bhagalpur Rail P.S. Case No. 104 of 2019 registered under Section 370 of the Indian Penal Code, Section 79 J.J. Act and Sections 3(i)(vi) of the SC/ST Act.
Appellant is said to have been trafficking five minor children for working in Delhi as child labourer. It is submitted by learned counsel for the appellant
Patna High Court CR. APP (SJ) No.2817 of 2019(3) dt.06-08-2019 2/2 that the appellant has been falsely implicated in the case. As a matter of fact, children were starving and with the consent of their parents, appellant was taking them for job as evident from the F.I.R. itself. Hence no offence is made out against the appellant. Appellant has no criminal antecedent and has been languishing in custody since 04.05.2019.
Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Addl. District and Sessions Judge cum Special Judge, SC/ST Act, Bhagalpur in connection with Bhagalpur Rail P.S. Case No. 104 of 2019.
Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J) mantreshwar/- U T