Satya Narayan Kumar @ Satya Naranan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56673 of 2015 Arising Out of PS.Case No. -291 Year- 2015 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Satya Narayan Kumar @ Satya Naranan Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 370 of the Indian Penal Code and Sections 23, 24, 25 and 26 of the Juvenile Justice (Care and Protection of Children) Act.

The prosecution case is that the police raided the Liti shop of the informant and found that ten years old boy was working since last four months.

It is submitted by learned counsel for the petitioner that there is no application of Section 370 of the IPC as there is no accusation of human trafficking by the petitioner. Moreover, Sections 23, 24, 25 and 26 of the Juvenile Justice (Care and Protection of Children) Act is also not made out as there is no allegation of cruelty to the child, employing him for begging,

Patna High Court Cr.Misc. No.56673 of 2015 (2) dt.15-12-2015 2/2 giving him intoxicating liquor or narcotic drug or psychotropic substance or exploiting him by making him perform hazardous task and holding back his earning. There is nothing on record to suggest that boy was actually working in the shop of the petitioner and nature of work he was performing. Considering the nature of accusation, other co-accused have been granted anticipatory bail vide Cr. Misc. Nos. 44728, 51082, 45820, 46793 and 47696 of 2015. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Aurangabad Town P.S. Case No. 291 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T