Saroj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50066 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- BARGAINIA District- Sitamarhi ====================================================== Saroj Paswan S/O Binda Lal Paswan R/O Village- Sangrampur, Ward No. 4, Garhi Mai Nagarpalika, Rauthat (NEPAL) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 70, 71 of the Indian penal Code and Section 14(i) of the Child Labour Act and Section 79 of J.J. Act.

As per prosecution case, the allegation against the petitioner is that he was indulged in human trafficking for the purpose of child labour. It is further alleged that the petitioner was apprehended on the spot and five children were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to high handedness of

Patna High Court CR. MISC. No.50066 of 2023(2) dt.11-08-2023 2/2 the police officials who were checking at boarder. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 16.05.2023.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner belongs to Nepal and he was taking five children from Nepal side to Kerla for child labour in brick kiln. It is further submitted that charge sheet has already been submitted against the petitioner under Section 370 of the I.P.C. and Section 14(i) of Child Labour Act and Sections 27/29 of the J.J. Act. Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of human trafficking for the purpose of child labour, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkumar/- U T