Kaushal Kumar @ Kaushal Sharma And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19623 of 2015 Arising Out of PS.Case No. -60 Year- 2014 Thana -ALIPUR District- GAYA ======================================================
1. Kaushal Kumar @ Kaushal Sharma. Son of Late Raghuraj Sharma. Resident of Village - Keshpa, P.S.- Alipur, District - Gaya.
2. Shatrudhan Sharma. Son of Late Ramdahin Sharma. Resident of Village - Keshpa, P.S.- Alipur, District - Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar.
... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-04-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 344, 370, 379 of the Indian Penal Code, 16, 17, 18 of the Bounded Labour System (Abolition) Act, 1976, 22 of the Minimum Wages Act, 1946, 26 of the Juvenile Justice Act, 2000, 14 of the Child Labour (Prohibition and Regulation) Act and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act, 1989.
It is alleged that the informant being the Circle Inspector of Tekari block along with other officials of the Labour Department enquired about the complaint regarding the bounded labour. When statements of 68 members of 24 labourer families were recorded, where
Patna High Court Cr.Misc. No.19623 of 2015 (2) dt.30-04-2015 they stated that the owners restricted them to work on place of their choice and they were threatened, abused and assaulted.
It is submitted by the learned counsel for the petitioners that except the offence alleged under Section 379 of the Indian Penal Code and under S.C./S.T. Act, other offences alleged are bailable. The accusation has been levelled at the behest of one Suresh Manjhi as has been accepted by the several labours that they put their thumb impression on the complaint at the behest of Suresh Manjhi, on assurance of providing Government employment.
Considering the aforesaid facts that co-accused Kamta Sharma @ Rama Kant Sharma has been granted bail vide Cr. Misc. No. 2131 of 2015, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Alipur P.S. Case No. 60 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T