Md. Afsar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25085 of 2022 Arising Out of PS. Case No.-435 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

MD. AFSAR S/o Faiyaz Khan @ Faiyaz Miyan Residence of VillageChawni Ward No.5, P.S.- Betiah Town (OP Kalibagh), District- West Champaran, Bettiah 2.

NASRIN KHATOON D/o Faiyaz Khan @ Faiyaz Miyan Resident of Village- Chawni Ward No.-5, P.S.- Betiah Town (OP Kalibagh), District- West Champaran Bettiah.

3.

MD ABDULLAH Son of Faiyaz Khan @ Faiyaz Miyan Resident of VillageChawni Ward No.-5, P.S.- Betiah Town (OP Kalibagh), District- West Champaran Bettiah. 4.

ANNA KHATOON @ AMANA KHATOON W/o Faiyaz Khan @ Faiyaz Miyan Resident of Village- Chawni Ward No.-5, P.S.- Betiah Town (OP Kalibagh), District- West Champaran Bettiah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s:

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-10-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Bettiah Town (Kalibagh OP) P.S. Case No. 435 of 2019, registered for the offences punishable under Sections 366(A), read with 34 of the Indian Penal Code and Section 8 of the POCSO Act. The statement of the victim under Section 164 of the

Patna High Court CR. MISC. No.25085 of 2022(2) dt.21-10-2022 2/2 Cr.P.C. shows that she herself went with co-accused Baidullah Mian. She did not support the factum of kidnapping. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO Cum A.D.J. VI West Champaran Bettiah in connection with Bettiah Town (Kalibagh OP) P.S. Case No. 435 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) kundan/-sonali U T