Allowed

Md. Sazzad @ Md. Sazzad Hussain @ Sajid Hussain @ Md. Sajid Huseen v. The State Of Bihar

Patna HC3 Oct 2013CR. MISC./18652/2013

Case brief

AI extract

What is this about?

Single judge of Patna High Court, allowing bail to petitioner facing kidnapping and criminal conspiracy charges, ordered release on bond with sureties and family condition based on age assessment and marriage claim despite conflicting victim statements.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of similar amount, subject to condition that one Surety be family member.

Md. Sazzad @ Md. Sazzad Hussain @ Sajid Hussain @ Md. Sajid… — Bail and Remand | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.18652 of 2013

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====================================================== Md. Sazzad @ Md. Sazzad Hussain @ Sajid Hussain @ Md. Sajid Huseen S/O Jamaluddin Resident Of Village- Lagua Tola, Nowgram, P.S.Abadpur, Distt.- Katihar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 03-10-2013 Heard learned counsel for the petitioner and Mr. Jawahar Chaubey learned APP for the State.

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Petitioner along his several family member are facing accusation punishable under Sections 366A/120B lodged by the father of the victim on 5.2.13.

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As per the prosecution case, the daughter of the informant was kidnapped by the petitioner and others on 21.1.2013. The victim girl was recovered on 7.2.13 from the house of the neighbour of the informant. She gave three statements. Two before the Investigating Officer and one before the Court.

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Learned counsel for the petitioner drawing attention of the Court to diverse paragraphs of the investigation report submits that on pressure exerted on the informant the victim was produced by the informant showing her recovery from the house of his neighbour. The girl made her statement before the I.O. accepting her elopement with the petitioner on her own volition

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Patna High Court Cr.Misc. No.18652 of 2013 (3) dt.03-10-2013

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for marriage. She stated to have married with the petitioner. The victim was later produced on 8.2.13 before the Court for recording her statement. She resiled from her earlier statement made before the police. Again on 26.2.13 her statement was recorded by the police in which she accepted that the marriage had taken place between her and the petitioner. She had, in fact, lived with the petitioner for quite number of days in Mumbai. Learned counsel further submits that the doctor, on assessment of age, has found the girl aged between 16 to 17 years. Referring to an affidavit (Annexure-3), it has been submitted that the petitioner is the husband of the victim girl. It has also been submitted that the petitioner is lodged in jail custody since 22.2.13.

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In the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. Let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the C.J.M. Katihar in connection with Abadpur P.S. Case No. 11 of 2013 subject to the condition that one of the bailors shall be the own/close family member of the petitioner.

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(Kishore Kumar Mandal, J)

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Shyam/-

Md. Sazzad @ Md. Sazzad Hussain @ Sajid Hussain @ Md. Sajid Huseen v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Md. Sazzad @ Md. Sazzad Hussain @ Sajid Hussain @ Md. Sajid Huseen v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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