Abid Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65250 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- VALMIKINAGAR District- West Champaran ====================================================== Abid Mian aged about 19 years (M), Son of Hajarat Ansari, Resident of Village - Pipra Kutti Power House Nahar, P.S.- Valmikinagar, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Valmikinagar Police Station Case No. 13 of 2019 registered under section 376, 511/34 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that the petitioner along with other two accused persons took the daughter of the informant with an intention to commit rape and tried to commit the same but on alarm several persons came and intervened in the matter and the daughter of the informant was rescued.

Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.65250 of 2019(2) dt.04-11-2019 2/2 that there is a previous animosity between the parties and there is a land dispute between them. Learned counsel for the petitioner further submits that similarly situated accused person has been granted bail by this Court in Criminal Miscellaneous No. 61605 of 2019.

Having regard to the submissions made by the parties and taking into consideration the fact that similarly situated accused person has been granted bail by this Court, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST/POCSO), Bettiah, District West Champaran in connection with Valmikinagar P.S. Case No. 13 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U