Virendra Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1793 of 2020 Arising Out of PS. Case No.-11 Year-2018 Thana- PATLIPUTRA RAIL P.S. District- Patna ====================================================== VIRENDRA SADA Son of Pratap Sada Resident of Village - Bhim Nagar, P.S.- Birpur, Distt - Supaul.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijendra Kumar Singh For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 370 & 374 of the Indian Penal Code and Section 26 of the J.J. Act, 17 of the Bonded Labour Act and 3 of the Child Labour Act.
Prosecution case in short is that for verification of secret information, while the informant along with police personnel reached in general bogie of Lokmanya Tilak-Patliputra Express, seven children were found sitting along with co-accused. It was
Patna High Court CR. MISC. No.1793 of 2020(4) dt.19-06-2020 2/3 detected that those children are being taken to Karnataka for the purpose of engagement in labour work. The petitioner was said to have gone out for taking meal.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case due to previous enmity. The name of the petitioner transpired in this case on the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Rail Judicial Magistrate, Patna in connection with Rail Patliputra Junction P.S. Case No. 11 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.1793 of 2020(4) dt.19-06-2020 3/3 Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T