Gouri Shankar Sharma @ Gauri Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3986 of 2015 Arising Out of PS.Case No. -60 Year- 2014 Thana -ALIPUR District- GAYA ======================================================

1. Gouri Shankar Sharma @ Gauri Shankar Prasad S/O Late Rameshwar Sharma Resident of vill-Keshpa, P.S-Alipur, Distt- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate. For the Opposite Party/s : Mr. Rajiv Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2015 Heard both sides.

The petitioner apprehends his arrest in Alipur P.S. Case No. 60 of 2014, registered for the offences punishable under Sections 341, 344, 370 and 379 of the Indian Penal Code, Sections 16, 17 and 18 of the Bounded Labour System (Abolition) Act, 1976, Section 22 of the Minimum Wages Act, 1946, Section 26 of the Juvenile Justice Act, 2000, Section 14 of the Child Labour (Prohibition and Regulation) Act and Sections 3(i)(x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the petitioner submits that labour enforcement officer made an enquiry and on the basis of which the present case was lodged, making allegation against the petitioner

Patna High Court Cr.Misc. No.3986 of 2015 (2) dt.29-01-2015 and others. It is submitted that the co-accused namely Kamta Sharma @ Rama Kant Sharma has already been granted anticipatory bail in Cr. Misc. No. 2131 of 2015, as Tileshwar Manjhi one of the labours filed an affidavit that he never made any complaint about bounded labour or forced labour or payment of less wages and the case of the petitioner stands on the same footing.

Having considered the facts aforesaid and the fact that omnibus and general allegation is made that the petitioner employed child labour and also paid less wages but the labours dispute the allegations made in the FIR, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Gaya in connection with Alipur P.S. Case No. 60 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T