IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32328 of 2008 KAILASH YADAV Son of Late Meghu Yadav, R/v. Khairwa, P.S. Thakaraha, (Bhitaha, District – West Champaran… …. Petitioner Versus THE STATE OF BIHAR ………………….. Opp. Party ----------- 3 24.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 364 and 370/34 of the Indian Penal Code. Allegation against the petitioner is of selling the son of the informant to one Vinod Kumar Gupta, who is said to be a contractor and takes people to Punjab for working as labour. Learned counsel for the petitioner submits that the case was instituted after six months. It appears that there was a Panchayti in which the said Vinod Kumar Gupta informed that the boy would return and he will be paid his wages. It is also submitted that the police has not made any inquiry from the said Vinod Kumar Gupta with regard to the whereabouts of the boy. Be that as it may, the allegation against the petitioner is only of selling the boy to the said Vinod Kumar Gupta in the village itself. From the order of the learned Sessions Judge it is apparent that Vinod Kumar Gupta is the main person who is answerable about the whereabouts of the boy. Petitioner is in custody since 26.11.2007, and it is said that he has no criminal antecedents. In the circumstances, this application is allowed. Let petitioner namely, Kailash Yadav be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like - 2 - amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, Distt. – West Champaran in connection with Thakaraha P.S. Case No. 39 of 2007. Kundan (J. N. Singh, J.)