High Court of Jharkhand allowed a bail application by Md. Barkat Alam, who was in custody, in a case under IPC Sections 363, 365/34 and POCSO Section 8, ordering his release on bond with specific conditions.
Petitioner released on bail by furnishing a bond of Rs. 25,000 with two sureties of like amount each, subject to conditions.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 2199 of 2023
Md. Barkat Alam @ Barkat Sheikh
.... .. ... Petitioner(s)
Versus
….. ... ...Opp. Party(s)
........... CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
......... For the Petitioner : Mr. Gautam Kumar, Advocate For the State : Mr. Achinto Sen, APP For the Informant : Mr. Ramchander Sahu, Advocate
05/26.05.2023 . Petitioner above-named who is in custody since 13.02.2023 has moved
this Court for grant of regular bail in connection with Radhanagar P.S. Case No.163 of 2020 registered under Sections 363, 365/34 of the Indian Penal Code and Section 8 of the POCSO Act.
Heard the parties.
It is submitted by learned counsel for the petitioner that offences will not be made out as he is the brother of the main accused who is alleged to have kidnapped and married the minor daughter of the Informant.
Learned APP for the State assisted by learned counsel for the informant has vehemently opposed the prayer, but has not disputed the factual assertions made on behalf of the petitioner.
Considering the submissions of learned counsel and the fact as discussed above, the bail application is allowed. Accordingly, the petitioner named above shall be released on bail on furnishing bail bond of Rs.25,000/(Rupees Twenty Five Thousand ) with two sureties of the like amount each to the satisfaction of learned Court below subject to the condition that one of the bailor(s) must be close relatives of the petitioner and that he shall not commit an offence, similar to the offence of which he is accused in the present case.
( Gautam Kumar Choudhary, J. )
Sandeep/Uploaded.
2 issues framed by the court
Whether the petitioner named Md. Barkat Alam should be granted regular bail in connection with the kidnapping and marriage of a minor.
Whether the petitioner is the sole accused in the case regarding the alleged crime.
Md. Barkat Alam @ Barkat Sheikh
The State of Jharkhand
Akhtar Hussain
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
