Ehsan Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62043 of 2019 Arising Out of PS. Case No.-26 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== EHSAN MIYAN Son of late Bhukhal Miyan Resident of MohallaNaurangabag, Ward No. 33, P.S.- Bettiah Town, District- 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.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-10-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bettiah Town Police Station Case No. 26 of 20189, disclosing offences under Sections 354 and 504 of the Indian Penal Code, Section 66-A of the I. T. Act, 2000 and Section 12 of the Protection of Children from Sexual Offences Act, 2012. The allegation against the petitioner is that the petitioner, being the neighbour of the informant, sent objectionable photograph of the sister of the informant to one Ranjan Kumar, who informed this fact to the informant. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case

Patna High Court CR. MISC. No.62043 of 2019(2) dt.18-10-2019 2/2 inasmuch both the parties are neighbours and there was previous enmity between them on some trivial issue. He further submits that no such occurrence has taken place in the manner alleged. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbours and were having some animosity on trivial issue, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, Ehsan Miyan, in the event of his arrest or surrender before the Court below within four weeks, 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 learned 1st Additional Sessions Judge -cumSpecial Judge, POCSO, West Champaran, at Bettiah, in connection with Bettiah Town Police Station Case No. 26 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √