Gopal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72240 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== Gopal Sharma Son Of Suresh Sharma Resident Of Village- Hathanpur, P.S.- Barsoi, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 370(v) of the of the Indian Penal Code, Section 79 of J.J. Act and Section 14(i) of the Child Adolescent Labour Act.

3. Allegation against the petitioner is that he was bringing some minor children for child trafficking in Ludhiana by train.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from para-10 of this petition that from the impugned order itself that the mother of one Manik Kumar aged about 16 years father of Hareram Sharma and Ramnath Sharma have sworn three

Patna High Court CR. MISC. No.72240 of 2023(2) dt.08-11-2023 2/2 affidavits stating therein that they were themselves working in Ludhiana and they had asked their children to accompany with the petitioner, so that they could come to them because all three boys are co-villagers of the petitioner and as such the allegation of child trafficking for slavery is itself being falsified. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 06.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Railway (Rail Muzaffarpur) P.S. Case No. 99 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIIrd, Muzaffarpur.

(Sunil Kumar Panwar, J) Shubham/- U T