Saif Ali Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62538 of 2019 Arising Out of PS. Case No.-212 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== SAIF ALI MIYA S/o Harun Mian R/o Village- Bakatwa, P.S.- Chanpatiya, Dist- W. Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Chanpatiya P.S.Case No.212 of 2019 , registered for offences punishable under Section 366(A)/34 of the Indian Penal Code and Section 4 of the POCSO Act.

Allegation against the petitioner and his family members is of kidnapping of the minor daughter of the informant. Submission of the learned counsel for the petitioner is that the girl has appeared before the court and filed a petition for his release and the age of the girl has been assessed to be 19 years, which will appear from Annexure 3.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court CR. MISC. No.62538 of 2019(3) dt.16-11-2019 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st ADJ cum Special Judge, Bettiah W. Champaran (SC/ST POCSO) connection with Chanpatiya P.S.Case No.212 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T