Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.861 of 2023 Arising Out of PS. Case No.-337 Year-2022 Thana- PATRAKARNAGAR District- Patna ====================================================== Bhola Kumar Son Of Sri Basant Kumar R/O Basant Hotel, 1 Kha, Near Rajendra Nagar Terminal, Rajendra Nagar, P.S.- Patrakar Nagar, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Binode Bariar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 370 and 374 of the Indian Penal Code and Section 14(1A) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. As per the prosecution case, the informant along with his team raided at the Basant Hotel, Opposite Rajendra Nagar Terminal and found one child, namely, Munna Kumar, working in the said hotel. The petitioner is the owner of the said Hotel. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the father of the alleged victim, namely, Naresh Ram, is very trustworthy worker in the said hotel and resides in a

Patna High Court CR. MISC. No.861 of 2023(2) dt.02-05-2023 2/2 room inside the hotel along with his wife and children. He further submits that the petitioner has already deposited Rs. 20,000/- under Section 14(1A) of the Child and Adolescent Labour (Prohibition and Regulation) Act and a receipt thereof has been produced by learned counsel for the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Patrakar Nagar P.S. Case No. 337 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T