Kamta Sharma @ Rama Kant Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.2131 of 2015 (2) dt.19-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2131 of 2015 Arising Out of PS.Case No. -60 Year- 2014 Thana -ALIPUR District- GAYA ======================================================

1. Kamta Sharma @ Rama Kant Sharma S/O Late Bhuneshwar 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. Shivendra Prasad For the Opposite Party/s : Mr. Ambika Bhagat (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Alipur P.S. Case No. 60 of 2014 registered for the offences punishable under Sections 341, 344, 370, 379 of the Indian Penal Code, Sections 16, 17, 18 of Bonded Labour System (Abolition Act), 1976, Section 22 of the Minimum Wages Act, 1948, Section 26 of the JJC Act, 2000, Section 14 of Child Labour (Prohibition and Regulation) Act and Section 3(i) (x) of S.C./S.T. (Prevention of Atrocities) Act. The contention on behalf of the petitioner is that the present case has been instituted at the behest of one Suresh Manjhi and as a matter of fact, no such occurrence had taken

Patna High Court Cr.Misc. No.2131 of 2015 (2) dt.19-01-2015 place. To fortify the above stated contention, he drew my attention towards statement of Tileshwar Manjhi annexed at page-21 of this petition and submitted that the aforesaid Tileshwar Manjhi specifically stated that he put his thumb impression on the affidavit at the behest of Suresh Manjhi who had assured him to provide some government lands. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Alipur P.S. Case No. 60 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T