Ansar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57130 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- MUZAFFARPUR RAIL P.S. DistrictSaran ====================================================== 1.
Ansar Son Of Late Abdul Sattar Village- Udaypur, Ward No. 13, PsAbadpur, Dist- Katihar 2.
Narayan Barman @ Narayan Varman Son Of Buden Varman Village- Purwa Rampur, Ps- Kaliyaganj, Dist- Uttar Dinajpur West Bengal 3.
Vishwajit @ Vishwajeet Son Of Kesori Varman Village- Purwa Rampur, PsKaliyaganj, Dist- Uttar Dinajpur West Bengal 4.
Samid Son Of Md. Nijamuddin Village- Nagarmora, Ps- Jogwani, DistAraria 5.
Md. Kaso Son Of Md. Nafil Village- Sonapur Ward No. 15, Ps- Narpatgan, Dist- Arariya 6.
Mamulshekh @ Mamul Shekh Son Of Alaaudin Sekh Village- Dubduaar Naya Toli, Ps- Raiganj, Dist- Uttar Dinajpur, West Bengal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akshay Kumar, Adv.
For the Opposite Party/s :
Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-08-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Muzaffarpur Rail P.S. Case No. 98 of 2024 dated 01.05.2024 registered for the offences punishable u/ss 370(v) of the Indian Penal Code and Section 79 of the Juvenile Justice (Care and Protection of Children) Act, Sections 3/14 of the Child Adolescent Labour
Patna High Court CR. MISC. No.57130 of 2024(3) dt.28-08-2024 2/3 (Prohibition and Regulation) Act.
3. As per the prosecution case, the informant is the Deputy Inspector at RPF, Muzaffarpur who rescued twenty one children aged from 12 to 17 years when they were being trafficked by the petitioners in Karmbhumi Express and they were taken to Saharanpur as well as Ludhiyana for child labour. The rescued child disclosed their details from whom mobile phone and railway tickets have been seized.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners has surfaced in this case merely on suspicion. Learned counsel has further submitted that the petitioners have no concern with the alleged offence. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 02.05.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with
Patna High Court CR. MISC. No.57130 of 2024(3) dt.28-08-2024 3/3 two sureties of the like amount each to the satisfaction of learned Court concerned, Sonepur (Saran) in connection with Muzaffarpur Rail P.S. Case No. 98 of 2024 with the conditions :- (i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled. (ii) If the petitioners are found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of their bail bonds.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T