Baidullah Mian @ Md. Baidullah Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52382 of 2022 Arising Out of PS. Case No.-435 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Baidullah Mian @ Md. Baidullah Khan Son Of Faiyaz Khan R/O MohallaChhawani, Ward No. -05, P.S.- Bettiah Town (Kalibag),Dist.- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366A/34 of the Indian Penal Code and section 8 of the POCSO Act. Prosecution case relates to abduction of victim/ daughter of the informant by the petitioner along with his family members.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of suspicion. The victim was recovered and she did not whisper any complicity of the petitioner in her statement recorded under

Patna High Court CR. MISC. No.52382 of 2022(3) dt.15-02-2023 2/2 section 164 of Cr.P.C. The victim also stated that she went with this petitioner Baidullah Mian with her own sweet will. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 31.7.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bettiah Town (Kalibag) P.S. Case No. 435 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-Cum-Special Judge, under POCSO Act, West Champaran at Bettiah.

(Sunil Kumar Panwar, J) amandeep/- U T