Md Akhtar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65294 of 2021 Arising Out of PS. Case No.-396 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== MD AKHTAR ALAM Son of Late Abdul Aziz @ Abdul Aziz Khan Resident of Naya Tola Ganj No.01, P.S.- Bettiah Town and District- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohammed Abu Haidar, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 14(i)/34 of the Child Adolescent Labour (Prohibition and Regulation) Amendment Act, 2016 and Section 79 of the Juvenile Justice Act, 2015.

It is a case of getting labour work from minor girl aged about 8 years by the accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that no case is made out against the petitioner as the petitioner is retired Head Clerk from the SDM, Court and there is no occasion to engage a child who is aged about eight

Patna High Court CR. MISC. No.65294 of 2021(2) dt.13-07-2022 2/2 years. He further submits that the said child, namely, Ariba @ Saniya was going to the house of the petitioner for learning of Urdue and Arbi by teachers where there is no Madrasa and in this regard, parents of the child have sown affidavit, before the Executive Magistrate, Bettiah by saying that the Saniya (Child) was going to the house of the petitioner for tuition where a teacher teaches Urder and Arbi to the children. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Bettiah Nagar P.S. Case No. 396 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U