IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20392 of 2010 BINOD KUMAR GUPTA S/O LATE RAJ KUMAR GUPTA Versus THE STATE OF BIHAR ---- 2. 16.6.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under section 363A/34 of the Indian Penal Code and 3(i) of the Child Labour Act, 1986. The prosecution case is that four children were apprehended with one Satyendra Kumar Baitha, who disclosed that the children were being taken to the factory of the petitioner for employment. However, the act of the petitioner was not completed and, therefore, the submission is that no offence whatsoever is made out against the petitioner. In view of such, in the event of surrender of the petitioners, named above, within four weeks from today in connection with Saharsa Sadar P.S.case No.93 of 2010, they shall be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the petitioners shall undertake to be represented on the first date - 2 - after cognizance and in case they fail to do so, their bail bond shall be liable to be cancelled, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (v) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )