Gulrez Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16821 of 2023 Arising Out of PS. Case No.-871 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== GULREZ MIYAN Son of Nathuni Miyan R/V- Murli, Ward no. 10, PSShikarpur Dist- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditya Nath Jha, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Shikarpur P.S. Case No. 871 of 2022 dated 01.11.2022 registered for the offences punishable under sections 341, 323, 354B, 379, 504 read with section 34 of the Indian Penal Code and Section 12 of POCSO Act as well as Section 66 of I.T. Act.

As per the prosecution case, the petitioner is alleged to have made the photo of the informant's minor daughter viral

Patna High Court CR. MISC. No.16821 of 2023(2) dt.11-05-2023 2/2 and the petitioner and the co-accused persons also assaulted the informant causing injury on her hand and the petitioner also snatched her golden ear ring.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.11.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran at Bettiah in connection with Shikarpur P.S. Case No. 871 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T