Arman Miyan @ Arman Ansari (Miyan) v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10790 of 2020 Arising Out of PS. Case No.-292 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Arman Miyan @ Arman Ansari (Miyan), aged about 30 years, Male, Son of Rashid Miyan, Resident of village - Gulab Chawk, Patkhauli, P.S. - Bairiya, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-07-2020 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner and Mr. Satya Nand Shukla, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner apprehends arrest in connection with Bettiah (Town) P.S. Case No. 292 of 2019 registered for the offence punishable under Section 366(A)/120(B) of the I.P.C. and later on added Section 8 of the POCSO Act. The allegation against the petitioner is that he along with other accused persons helped Sartaj Alam @ Md. Sartaj Alam in abducting the daughter of the informant for the purpose of marriage.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.10790 of 2020(2) dt.02-07-2020 2/3 petitioner has falsely been implicated in this case inasmuch as the statement of the victim girl was recorded under Section 164 of the Cr.P.C. and from perusal of the same at Annexure- 2 to this anticipatory bail application it would be evident that the victim girl has not said anything against the petitioner. Learned counsel further submits that the co-accused Sartaj Alam @ Md. Sartaj Alam has been granted anticipatory bail by this court in Cr. Misc. No. 58468 of 2019 and the doctor has assessed the age of the victim girl between 17-19 years.
Having regard to the submissions made by the parties and taking into consideration the fact that Sartaj Alam @ Md. Sartaj Alam who had allegedly abducted the daughter of the informant has been granted bail by this court, I am inclined to grant anticipatory bail to the petitioner.
Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 1st cum Special Judge, Bettiah, West Champaran in connection with Bettiah (Town) P.S. Case No. 292 of 2019 , subject to the condition as laid down under
Patna High Court CR. MISC. No.10790 of 2020(2) dt.02-07-2020 3/3 Section 438 (2) of the Code Of Criminal Procedure. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) praful/- U T