Allowed

Reyaz Mian @ Reyaz Ahmad v. the State of Bihar

Patna HC22 Oct 2019CR. MISC./66260/2019

Case brief

AI extract

What is this about?

The High Court of Judicature at Patna, through Justice Vinod Kumar Sinha, allowed an application for anticipatory bail for several petitioners accused of abducting and sexually assaulting a girl under IPC Sections 366A, 376, 313, and 34. The court observed that the complainant had previously stated she married the accused of her own sweet will. Bail was granted subject to a bond.

What did the court decide?

Petitioners to be released on bail on furnishing a bond of Rs. 25,000 with two sureties of the like amount, subject to conditions under Section 438(2) Cr.P.C.

Reyaz Mian @ Reyaz Ahmad Vs the State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66260 of 2019

¶2

Arising Out of PS. Case No.-253 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran

¶3

======================================================

¶4

REYAZ MIAN @ REYAZ AHMAD Son of Allauddin Mian Resident of Village-Dunkan Road Sundarpur Road, P.S-Haraiya (Raxaul), District-East Champaran.

¶5

Safi Mian Son of Allauddin Mian Resident of Village-Dunkan Road Sundarpur Road, P.S-Haraiya (Raxaul), District-East Champaran.

¶6

Allauddin Mian @ Allauddin Son of Late Samsuddn Mian Resident of Village-Dunkan Road Sundarpur Road, P.S-Haraiya (Raxaul), District-East Champaran.

¶7

Beguni Khatoon @ Nisha Khatoon @ Begum Khatoon D/o Gawai Mian Resident of Village-Dunkan Road Sundarpur Road, P.S-Haraiya (Raxaul), District-East Champaran.

¶8

Anish Mian @ Anish Alam Son of Bhanu Mian Resident of VillageRamgharwa, P.S-Ramgharwa, District-East Champaran.

¶9

... ... Petitioner/s

¶10

Versus

¶11

THE STATE OF BIHAR

¶12

Arti Kumari D/o Santosh Saraf Resident of Village-Mishra Tola Dunkan Road Raxaul, Ward No.4, P.S.-Hariya (Raxaul), District-East Champaran.

¶13

... ... Opposite Party/s

¶14

====================================================== Appearance : For the Petitioner/s : Mr.Dilip Kumar Tondon For the Opposite Party/s : Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

¶15

2 22-10-2019 This is an application for grant of anticipatory bail in

¶16

connection with Complaint Case No. 253 of 2018 disclosing offences under Sections 366A, 376, 313, 34 of IPC.

¶17

Petitioners are said to have father, mother and other family members of one Rahul Miyan and there is allegation against them that they have kidnapped the complainant.

¶18

Submission of the learned counsel for the petitioners

¶19

Patna High Court CR. MISC. No.66260 of 2019(2) dt.22-10-2019 2/2

¶20

is that earlier two separate cases have been lodged by mother of the present complainant and another father of the present complainant. In both the cases, the statement of the girl has been recorded under Section 164 Cr.P.C., in which, she has not supported the prosecution case, rather she has stated that she has married with her own sweet will with Rahul Miyan. Further she has made such statement before the learned Sessions Judge and she has also not made any allegation against these petitioners.

¶21

Heard learned A.P.P. also.

¶22

Having heard both sides, considering the fact that petitioners are family members of main case, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned S.D.J.M., Rasaul, at Motihari, in connection with Complaint Case No. 253 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

¶23

(Vinod Kumar Sinha, J)

¶24

Sunil Shukla/-

¶25

U T

Reyaz Mian @ Reyaz Ahmad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Reyaz Mian @ Reyaz Ahmad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Amit Sah Vs The State of Bihar

Md. Saalim Vs The State of Bihar

Anischal Kumar @ Anischal Singh Vs The State of Bihar

Suman Kumar Vs The State of Bihar

Raghuvansh Prasad Yadav Vs the State of Bihar

Gita Devi @ Geeta Devi Vs The State of Bihar