IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2802 of 2011 DR. NARESH NARAYAN THAKUR & ANR Versus THE STATE OF BIHAR with Cr.Misc. No.4103 of 2011 PRABHAT KUMAR Versus THE STATE OF BIHAR ----------- 02/ 11.03.2011 Both the above stated petitions have arisen out of Lakhisarai P.S. Case no. 346/2010 registered under section 302/34 of the IPC, 14(i) of the Child Labour Prohibition and Regulation Act,1986 and accordingly, both the above stated petitions are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned P.P. for the State. It appears from perusal of the impugned order as well as submissions of the learned counsel for petitioners that after investigation, police submitted charge sheet under sections 379,304/34 of the IPC and section 3(i)(vi) of the SC/ ST (Prevention of Atrocities) Act as well as section 14(i) of the Child Labour Prohibition and Regulation Act, 1986 and perhaps, cognizance has also been taken under the above stated sections. Learned counsel for petitioners submits that the deceased died of his ailment but the present case has been instituted at the behest of enemies of petitioners. To fortify his contention, he drew my attention towards photocopy of the post mortem report(Annexure 2) and submitted that at the time of post mortem examination of the deceased, no injury was found on his body. On the other hand, learned Addl. Public Prosecutor opposed the prayer of petitioners submitting that the deceased and one boy had been taken away by petitioners and their other family members to Surat to work in a hotel and they were fallen ill but they were not provided adequate medical facility as a result of which the deceased died. Considering the aforesaid facts and circumstances as well as submissions of the parties, petitioners (Dr Naresh Narayan Thakur, Praveen Kumar and Prabhat Kumar) are directed to be released on bail in connection with Lakhisarai P.S. Case no. 346 of 2010 on furnishing bail bond of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai. shahid (Hemant Kumar Srivastava,J)