Nabab Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29507 of 2025 Arising Out of PS. Case No.-698 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Nabab Miya S/O Nathuni Miya R/O Village- Mirapur, P.S- Siwan Muffasil, Distt.- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rabiya Khatoon D/O Mustaffa Mian R/O Village- Harakhua, P.S- Gopalganj Town, Distt.- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-06-2025 Heard the learned counsel for the petitioner as well as the learned APP for the State.

2. Learned counsel for the petitioner has submitted that though the bail petition of the petitioner was rejected earlier by this Court vide order dated 09.09.2024 in Cr. Misc. No. 23948 of 2024 but he is renewing the prayer for bail on the ground of his prolonged incarceration i.e. nearabout one year and nine months. He has further submitted that the statement of the victim recorded under Section 164 of the Cr.P.C. transpires that the relation between the petitioner and the victim was consensual. The petitioner is a person of clean antecedent.

3. While rejecting the bail application of the petitioner

Patna High Court CR. MISC. No.29507 of 2025(2) dt.27-06-2025 2/2 vide order dated 09.09.2024 in Cr. Misc. No. 23948 of 2024, it was observed that the petitioner shall be at liberty to renew his prayer for bail after six months if the trial is not concluded. Learned counsel has further submitted that the stipulated period has elapsed.

3. 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 A.D.J. 1st Gopalganj in connection with Gopalganj Town P.S. Case No. 698 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T