Faiyaz Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25794 of 2016 Arising out of PS.Case No. -21 Year- 2016 Thana -BELCHAR District- WEST CHAMPARAN(BETTIAH) ====================================================== Faiyaz Mian, S/o Nabi Hasan Mian, resident of Village- Patukahiya PS Balthar District West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar, Advocate. For the Opposite Party : Mr. Sri Parmanand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2016 Heard learned counsels for the petitioner, informant and learned counsel for the State.

The petitioner is languishing in custody since 21.03.2016 in connection with Balthar P.S. Case No. 21 of 2016 for the offences instituted under Sections 363 and 366/34 of the IPC. It is alleged that co-accused Krishna Sah and Rita Devi called the daughter of the informant Punam Devi, aged about 22 years, to their house and got her fled away with the petitioner on 29.02.2016 at about 3.00 A.M. He searched his daughter but she could not be traced.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.03.2016 and the charge sheet has

Patna High Court Cr.Misc. No.25794 of 2016 (4) dt.16-08-2016 2/2 been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. It is alleged that the petitioner and the victim were in extra marital affair. The victim has been examined under Section 164 Cr. P.C. No specific allegation has been made against the petitioner.

On behalf of the learned counsels for the informant and the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., West Champaran at Bettiah, in connection with Balthar P.S. Case No. 21 of 2016.

U.K./- (Sudhir Singh, J) U T