IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35807 of 2009 1. SHAHABUDDIN SHEIKH S/O LATE RAFIUDDIN SHEIKH VILL-NEW AZNA, P.S- MUFFASIL THANA, DISTT- PAKUR Versus 1. THE STATE OF BIHAR ----------- 3. 18.01.2010 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a Police case under Sections 363. 373. 374, 120B of the Penal Code, Section 26 of the Juvenile Justice Act and Section 5 of the Immoral Traffic Protection Act. The defence from paragraph 8 to 13, 41, 45 to 52 is that the children and their parents have stated of having voluntarily permitted the children to go for purposes of employment, when the address of the children furnished by the co-accused apprehended on the spot has already been found to be correct and the petitioner has no antecedents. The defence is for taking away the children voluntarily with consent of the parents. Counsel for the State points out that it was six minor boys aged about 10-13 years who were being taken away by the four named accomplice, who disclosed their complicity with the petitioner also. Considering the nature of the allegations of human trafficking, issue of consent for the purpose of anticipatory bail loses its relevance. Any observation in this order has to be read as confined for the purpose of bail only and shall have no bearing on 2 the merits of the trial. The application is rejected. AKS/ (Navin Sinha, J.)