Saheb Miya @ Saheb Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88537 of 2024 Arising Out of PS. Case No.-295 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Saheb Miya @ Saheb Alam Son of Firoj Miya @ Firaj Alam Resident of village-Sabuni Chowk, Ward no-12, P.S- Ramnagar, District West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Nek Miya Son of Late Sarajul Miya Resident of Village- Baswaiya Devraj, P.S- Lauriya, Distt.- West Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sujeet Kumar, Advocate For the Opposite Party/s :
Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-05-2025 Heard Mr. Sujeet Kumar, learned counsel for the petitioner and Ms. Surbhi Suman, representing the informant besides learned APP.
2. The petitioner is apprehending arrest in connection with Lauriya P.S. Case No. 295 of 2024 instituted under Sections 137(2) and 96 of Bharatiya Nyaya Sanhita, 2023 and section 8 of POCSO Act lodged on 01.09.2024 by the informant, Nek Miya.
3. As per the prosecution story, the informant alleged that the accused-petitioner came to his house and kidnapped his daughter besides taking the amount. This led to the FIR.
4. Notice was issued in the matter by a coordinate
Patna High Court CR. MISC. No.88537 of 2024(3) dt.08-05-2025 2/3 bench on 08.01.2025 whereafter there is appearance through Ms. Surbhi Suman on behalf of the informant.
5. It has been jointly submitted by both the learned counsel for the petitioner as also the informant that subsequently with the consent of both the family members, they have tied nuptial knot and presently the girl is enjoying the marital life with the petitioner.
6. Allegation is there, the post investigation, the wheels of trial shall be initiated, for the present, taking into account the aforesaid development that has taken place and has been submitted by both the parties, the petitioner has no criminal antecedent and is only 19 years of age, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Lauriya P.S. Case No. 295 of 2024 to the satisfaction of learned Additional District and Sessions Judge-VII cum Special Judge, POCSO, Bettiah, West Champaran subject to the conditions as laid down under
Patna High Court CR. MISC. No.88537 of 2024(3) dt.08-05-2025 3/3 Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T