Anarul Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50837 of 2021 Arising Out of PS. Case No.-182 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== Anarul Miyan Son of Noor Hoda Miyan Resident of Village - Bagahi, Nath Baba chowk, P.S. - Bairiya, P.S. - Bairiya, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2022 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 offences punishable under Sections 366A/34 of the Indian Penal Code, Section 8 and 10 of the Protection of Children from Sexual Offences Act, 2012.

As per prosecution case, in brief, it is alleged by the informant that on 11.03.2021 at about 2:00 P.M. the daughter of the informant aged about 16 years as well as the elder daughter of the informant together went to Sagar Pokhra to visit a

Patna High Court CR. MISC. No.50837 of 2021(3) dt.05-05-2022 2/3 Shivratri fair. When they reached there but due to rash the accused persons cajoled the younger daughter of the informant and abducted her with the wrong intention of marriage. The accused petitioner informed on call that the victim girl is with him. On hearing the same, the informant went to the house of the accused petitioner but the father of the accused petitioner started abusing and assaulted him. He also denied to return he victim girl.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that in fact this is not a case of kidnapping but it does the elopement of beloved of paramour. He further submits that police after investigation submitted chargesheet against the petitioner on 18.05.2021 for the offences under Section 366A/34 of the Indian Penal Code and Sections 8/12 of the POCSO Act. On the other hand, learned APP for the State vehemently opposes the bail petition and fairly submits that the allegation as alleged in the F.I.R. has corroborated with the medical examination of the victim.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection

Patna High Court CR. MISC. No.50837 of 2021(3) dt.05-05-2022 3/3 with Bettiah (Town) P.S. Case No. 182 of 2016 pending in the Court of learned 6th Additional Sessions Judge, West Champaran at Bettiah.

Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U