Jumuddin Miyan @ Jumdin Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83541 of 2019 Arising Out of PS. Case No.-348 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== 1.

JUMUDDIN MIYAN @ JUMDIN MIYAN S/o Late Amin Miyan R/o village- Mangalpur Kala, P.S.- Nautan, District- West Champaran 2.

Jarina Khatoon W/o Jumuddin Miyan @ Jumdin Miyan R/o villageMangalpur Kala, P.S.- Nautan, District- West Champaran 3.

Saheb Miyan @ Saheb Hussain S/o Jumuddin Miyan @ Jumdin Miyan R/o village- Mangalpur Kala, P.S.- Nautan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-12-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Nautan P.S.Case o.348 of 2019 , registered for offences punishable under Sections 341, 323, 376, 504,34 of the Indian Penal Code and Sections 4/6 of the POCSO Act. As per FIR, prosecution case is that one co-accused Saddam Miyan used to have physical relationship with the informant on the assurance of marrying her and when the informant went to the house of these petitioners, they assaulted her and refused to marry her.

Submission of the learned counsel for the petitioners is that they are father, mother and brother of the said Saddam Miyan and they have falsely been implicated in this case to

Patna High Court CR. MISC. No.83541 of 2019(2) dt.17-12-2019 2/2 pressurize to Sadam Miyan and the allegation of assault and abuse is false and concocted. They are ready to co-operate in the investigation.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of three weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. District and Sessions Judge cum Special Jduge (SC/ST/POCSO), Bettiah, West Champaran in connection with Nautan P.S.Case No.348 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with condition not to tamper with the evidence. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T