Sadiq Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32930 of 2020 Arising Out of PS. Case No.-5 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Sadiq Miyan S/O - Mokhtar Miyan Resident of Village - Khaira Azam Malikana, P.S. - Baikunthpur, District - Gopalganj. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rakesh Ranjan, Adv.

For the Opposite Party :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State via video conferencing.

2.

The petitioner has filed the present application under Sections 439 and 440 of the Code of Criminal Procedure for grant of bail in connection with Baikunthpur P.S. Case No.05 of 2019 registered under Section 376(2)(F) of the Indian Penal Code and Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012.

3.

Considering the gravity of the offence and the allegation made in the FIR that the petitioner forcibly ravished 12 years old minor daughter of the informant, I am not inclined to grant him bail. Accordingly, the application for grant of bail is rejected.

4.

Since the court proceedings are being

2/2 conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my e-mail by the Senior Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my e-mail id to the Senior Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding.

(iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let steps be taken by the Senior Secretary/registry for up-loading of the present order without compromising with the norms of social distancing.

kanchan/- (Ashwani Kumar Singh, J) U T