Allowed

Md. Jawed v. The State Of Bihar

Patna HC27 Nov 2017CR. MISC./54009/2017

Case brief

AI extract

What is this about?

The High Court of Patna granted bail to the petitioner in a case under Sections 363, 365, 367 and 34 IPC. The court held that witness testimony showing the petitioner was merely spotted at a common place with the missing girl on Eid was insufficient for custody, warranting release on bail.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.

Md. Jawed Vs The State Of Bihar — Bail and Remand | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.54009 of 2017

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Arising Out of PS.Case No. -214 Year- 2017 Thana -AURANGABAD TOWN DistrictAURANGABAD

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====================================================== Md. Jawed Son of late Qamruddin Resident of Village/Mohalla- Shahganj, P.S. Town Aurangabad District- Aurangabad.

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The State of Bihar

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.... .... Petitioner/s Versus .... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Sri Suresh Prasad Singh

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====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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3 27-11-2017 Heard the counsels for the parties.

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The petitioner seeks bail in connection with Aurangabad (T) P.S. Case No. 214 of 2017 dated 02.07.2017 instituted for the offences under Sections 363, 365, 367 and 34 of the Indian Penal Code.

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On 27.06.2017, one Nargis Parween @ Nargis Begum had taken along with her one Juli Parveen aged about 16 years who is the daughter of the informant to the market. When Juli Parveen did not return home by night, an enquiry was made by her mother/informant. Nargis Begum who had accompanied the daughter of the informant did not disclose anything. Later, in the night, one Aftab, a neighbour of the informant, disclosed that he had seen the daughter of the informant at Ramesh Chowk with

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Patna High Court Cr.Misc. No.54009 of 2017 (3) dt.27-11-2017

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Raisa Khatoon, Nargis Begum and others including the petitioner. The daughter of the informant has not yet returned.

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Learned counsel for the petitioner has submitted that the day when the daughter of the informant went missing was the day of Eid, when many persons had congregated at a common place for celebrations. The petitioner is not at all concerned with either the informant or her daughter. There is no material in the case diary which would indicate that the petitioner had any truck or alliance with the daughter of the informant. All that the witnesses have stated is that the petitioner and many others were spotted with the daughter of the informant. It is not even the case of the prosecution that the petitioner was seen with the daughter of the informant exclusively.

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Taking into account the fact that name of the petitioner transpired in the statement of one of the witnesses who has merely stated that the petitioner was seen in the afternoon at a common place along with others with the daughter of the informant, it appears to this Court that this is not sufficient for keeping the petitioner in custody. For the aforesaid reasons, this Court is inclined to grant bail to the petitioner.

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The petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten

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Patna High Court Cr.Misc. No.54009 of 2017 (3) dt.27-11-2017

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Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (T) P.S. Case No. 214 of 2017.

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(Ashutosh Kumar, J)

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KKSINHA/-

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U T

Md. Jawed v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Md. Jawed v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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