Patna High CourtCR. MISC./55034/2023allowed

Amir Hasan Mian v. The State Of Bihar

2023-08-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55034 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- MAINATAND District- West Champaran ====================================================== Amir Hasan Mian S/O Islam Mian R/O Vill - Mainatand, P.S. - Mainatand, Dist. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 363, 354(B), 504 and 506 of the IPC, Section 8/12 of the POCSO Act and Section 37 of the Bihar Prohibition and Excise Act.

3. Allegation against this petitioner is that after he consumed alcohol, he abducted the informant's daughter and pressed the neck of the victim as well as assaulted her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous dispute. It is further submitted that the only allegation against the petitioner

Patna High Court CR. MISC. No.55034 of 2023(2) dt.29-08-2023 2/2 is that he was in drunkard condition and tried to assault the victim. It is also submitted that the petitioner has got no criminal antecedent as per para-3 of this petition. Moreover, the petitioner is languishing in judicial custody since 11.05.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mainatand P.S. Case No. 73 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ VIIth cum-Special Judge POCSO, West Champaran at Bettiah.

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