Babul Alam @ Babul v. The State Of Bihar
Case brief
What is this about?
The petitioner challenged the rejection of bail in a case involving abduction, trafficking, and immigration of girls. The High Court observed that the petitioner allegedly lured a girl, sold her in Delhi, and forced her into sexual relations, concluding that such gravity of offence barred bail.
What did the court decide?
Prayer for release of the petitioner on bail was rejected.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31744 of 2014
Arising Out of PS.Case No. -3 Year- 2014 Thana -RAUTA District- PURNIA ====================================================== 1. Babul Alam @ Babul S/o Abid Hussain Resident of Village Kolha, P.S. Routa, District Purnea. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 17-09-2014 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in connection with Routa P.S.Case No. 03 of 2014 registered under Sections 366, 368, 372, 373 and 376 of the Indian Penal Code pending in the Court of learned S.D.J.M., Purnea.
Allegedly, the petitioner induced the complainant and took away her with her ornaments and cash to Delhi where the informant sold her worth Rs. 1,30,000/- to one Sima where the complainant was forced to have sexual relationship with another person.
Submission for release of the petitioner is that the case has been filed after much delay. There is no allegation against the petitioner to commit rape rather the allegation of rape is against Jiyaur Rahman to which the learned A.P.P. seriously opposes.
Considering the allegation attributed against the petitioner that he induced her after taking advantage of his position and after
Patna High Court Cr.Misc. No.31744 of 2014 (2) dt.17-09-2014
2/2
brining her to Delhi sold her and as such this Court is not inclined to
Issues for consideration
3 issues framed by the court
Whether the petitioner should be granted regular bail in a case involving abduction, trafficking and offences under Sections 366, 368, 372, 373, and 376 of the IPC
Whether the high yielding nature of the offence precludes bail
Whether the delay in filing the FIR and the alleged conduct of a co-accused affect the grant of bail
Parties & counsel
- petitioner
Babul Alam @ Babul S/o Abid Hussain
- respondent
The State of Bihar
Coram
Jitendra Mohan Sharma
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court