Md. Azad @ Azad v. The State Of Bihar
Case brief
What is this about?
The High Court of Patna, in an oral order dated 19-12-2018, rejected the petitioner's petition for anticipatory bail in a case involving alleged kidnapping and attempted molestation of a minor girl under sections 363, 365, and 366A of the IPC.
What did the court decide?
The prayer for anticipatory bail of the petitioner is rejected.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.74022 of 2018
Arising Out of PS. Case No.-54 Year-2018 Thana- BELA INDUSTRIAL DistrictMuzaffarpur
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Md. Azad @ Azad, Son of Akhtar Ali, Resident of Village- Manjhi, Mali Tola, P.S. Manjhi, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 19-12-2018 Heard both sides.
Petitioner apprehends his arrest in Bela P.S. Case No.54 of 2018, registered under Sections 363, 365 and 366(A) of the Indian Penal Code.
The informant, the Hostel Superintendent of Mahila Polytechnic, Bela, Muzaffarpur alleged that four girls had gone to market but three returned and the victim did not return. The Hostel Superintendent alleged that the victim disclosed that she was going to see Azad.
Issues for consideration
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging kidnapping and physical molestation of a minor.
Whether the victim's failure to raise an alarm negates the allegation of kidnapping.
Whether the allegations established sufficient grounds to deny anticipatory bail.
Parties & counsel
- petitioner
Md. Azad @ Azad
- respondent
The State of Bihar
Coram
Prabhat Kumar Jha
Case details
As recorded by the court registry
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