Md Maqsood v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4232 of 2021 Arising Out of PS. Case No.-480 Year-2020 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== 1.
Md Maqsood Son of Md Shaheed Alam @ Said Alam, resident of VillageNawasi Kujri, P.S.- Palasi, District- Araria. 2.
Md. Ansir Son of Rajabul, resident of village- Kujri Hat, P.S.- Palasi, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
17-03-2021 Heard learned counsel for the parties through video conferencing.
The petitioners seek bail in Kanti P.S. Case No. 480 of 2020, registered for the offence under Sections 342, 363, 370(3) (4)(5)/34 of the Indian Penal Code, Sections 75, 79 of Juvenile Justice Act, Section 3/39 of Bounded Labour System Abolition Act and Section 14(1) of Child Labour Prevention Act. As per the prosecution case, on an information given by an N.G.O. that a large number of children are being taken to Ludhiana and Delhi from Araria for labour work, a rescue team was formed and a raid was conducted and one vehicle was intercepted, wherefrom, ten children were recovered. During inquiry, those children disclosed that they were going with these
Patna High Court CR. MISC. No.4232 of 2021(2) dt.17-03-2021 2/3 petitioners for labour work, however they (children) didn't know the destination.
It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case and both these petitioners were handed over to the police by a social organization after two days of the occurrence. It is further submitted that in fact, the parents of the children were living in Delhi and children were being taken to Delhi with the consent of their parents. Petitioners have got clean antecedent and are in custody since 16.08.2020. Chargesheet has already been submitted.
Considering the aforesaid facts & circumstances and the fact that chargesheet has already been submitted coupled with the fact that petitioners have got clean antecedent, the bail application of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - 2nd, West Muzaffarpur in connection with Kanti P.S. Case No. 480 of 2020, on the following conditions: "(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the
Patna High Court CR. MISC. No.4232 of 2021(2) dt.17-03-2021 3/3 court below, and on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T