Faiyaz Khan @ Faiyaz Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19501 of 2022 Arising Out of PS. Case No.-435 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Faiyaz Khan @ Faiyaz Miyan Son Of Late Abbas Khan R/O Village- Chawni Ward No.-5, P.S.- Betiah Town (O.P. Kalibagh), District- West Champaran Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 366(A) read with 34 of IPC and 8 of the POCSO Act.

The minor daughter of the informant is alleged to have been kidnapped by the petitioner and others. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. In fact the petitioner is father of the co-accused Baidullah

Patna High Court CR. MISC. No.19501 of 2022(2) dt.08-08-2022 2/3 Mian. Further submits that in fact the victim girl and son of the petitioner was in love. Further submits that the victim was recovered and her statement under Section 164 Cr.P.C. was recorded in which she has not stated anything about the petitioner and the petitioner is in custody since 02.03.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bettiah Town (Kalibagh O.P.) P.S. Case No.435 of 2019, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.19501 of 2022(2) dt.08-08-2022 3/3 for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T