Osiyar Miyan @ Rahamdeen Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12569 of 2023 Arising Out of PS. Case No.-515 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== OSIYAR MIYAN @ RAHAMDEEN MIYAN S/O LATE ASH MOHAMMAD MIYAN Resident of Village- Shirkhindi, P.S.- Sugauli, District- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Sugauli P.S. Case No. 515 of 2020, registered for the offences punishable under Sections 363, 366(A), 504, 506 of the Indian Penal Code and Section 8 of the POCSO Act.

The learned counsel for the petitioner has submitted that the allegation against the petitioner is that he has kidnapped the minor daughter of the informant. As a matter of fact, there is love and affection between the informant's daughter and the petitioner and they have solemnized marriage and have been blessed with a daughter who is of two and half months. He is

Patna High Court CR. MISC. No.12569 of 2023(2) dt.15-05-2023 2/2 under custody since 25.11.2022.

Considering the above-mentioned facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Learned 6th Additional Judge cum Special Judge POCSO, Motihari, East Champaran in connection with Sugauli P.S. Case No. 515 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. (Nawneet Kumar Pandey, J) Sudha/Sonali U T