Budhu Sharma @ Binod Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8141 of 2015 Arising Out of PS.Case No. -60 Year- 2014 Thana -ALIPUR District- GAYA ======================================================
1. Budhu Sharma @ Binod Kumar Son of Late Madan Mohan Sharma
2. Sat Bindu Sharma @ Shashi Bindu Sharma Son of Sri Mansidh Sharma
3. Utim Sharma @ Tara Charan Sharma Son of Late Bal Singh
4. Shyam Jee Sharma @ Shyam Sundar Sharma Son of Sri Mansidh Sharma
5. Jay Prakash Sharma @ Jay Prakash Kumar Son of Nand Kisor Sharma
6. Nand Kishor Sharma Son of Late Bhagvat Sharma All resident of village - Keshpa, P.S. - Alipur, District - Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Advocate. For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-03-2015 Heard both sides.
The petitioners apprehend their arrest in Alipur P.S. Case No. 60 of 2014, registered for the offences punishable under Sections 370, 379 and other Sections of the Indian Penal Code and different Sections of Bonded Labour System (Abolition) Act 1976, Section 22 of the Minimum Wages Act, Sections 26 of the Juvenile Justice Act and Section 14 of the Child Labour (Prohibition and Regulation) Act and Sections 3(i)(x) of the SC/ST (Prevention of Atrocities) Act.
Learned counsel for the petitioners submits that the petitioners employed several children as bounded labourers. It is
Patna High Court Cr.Misc. No.8141 of 2015 (2) dt.02-03-2015 2/2 further submitted that all the allegations are false and concocted. Similarly situated accused namely Vijay Sharma, Kamta Sharma @ Rama Kant Sharma and Gouri Shankar Sharma have already been enlarged on anticipatory bail. The enforcement officer made an enquiry and thereafter the case was lodged. Considering the facts aforesaid and the fact that the petitioners paid less wages and the case was lodged at a very belated stage, the petitioners, in the event of their 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, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each 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