Santosh Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43916 of 2015 Arising Out of PS.Case No. -42 Year- 2015 Thana -SHEKHPURA District- SEKHPURA ======================================================
1. Santosh Kumar Son of Shree Ramashish Singh, Resident of Village:- Bijokhri, P.S:- Telhara, District:- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Bihar State Electricity Board Bihar Patna. (South Bihar Power Distribution Co.Ltd) .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad For the State : Mrs. Gulnar Begum(App) For the SBPDC : Mr. Sanjeev Nikesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-12-2015 Heard both sides.
The petitioner apprehends his arrest in a case under Section 406 of the Indian Penal Code.
The petitioner is a contractor. The South Bihar Power Distribution Company entered into an agreement with the petitioner for providing 18 Operators and 6 Field Officers to supervise and maintain uninterrupted power supply in the area. The petitioner is liable to make payment according to different labour and EPF laws to his employees. The Executive Engineer or the South Bihar Power Distribution Company is not at all, under the agreement, have any right to enforce the payment of salary or other allowances to the employees of the petitioner. The Executive Engineer filed this case alleging that the petitioner failed to make
Patna High Court Cr.Misc. No.43916 of 2015 (3) dt.09-12-2015 2/2 payment of salary to his six employees.
From the perusal of the agreement, it appears that the Company is not at all responsible and the Company has taken the employees on the basis of outsourcing and the petitioner is liable to make payment. If any employee of the petitioner did not get salary, he may take the legal recourse and the Company has got no right under the agreement to lodge the case against contractor for non-payment of salary.
Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in Sheikhpura P.S. Case No. 42 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T