In regular bail application in a complaint case involving alleged sexual exploitation of a minor, the High Court allowed the petition, directing the petitioner to furnish a bond of Rs. 20,000 with two sureties after hearing both sides.
The petitioner was enlarged on bail on furnishing a bond of Rs. 20,000 with two sureties of the like amount each.
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.53215 of 2023
Arising Out of PS. Case No.-1210 Year-2016 Thana- GAYA COMPLAINT CASE DistrictGaya
======================================================
Md. Nizam Khalifa S/O Late Chhotan Khalifa R/O Village- Mithapur, Ps. Konch, Dist. Gaya
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Aryan Singh, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 25-08-2023
Learned counsel for the petitioner is permitted to
remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2 . Heard learned counsel for the petitioner and learned
A.P.P for the State.
3 . The petitioner has preferred this application for grant of regular bail in connection with Complaint Case No. 1210 of 2016 dated 22.08.2016 registered for the offences punishable u/ss 376, 366, 370 (A) (2), 571 and 120A of the Indian Penal Code.
4 . As per the prosecution case, one Munni who happens to relative of complainant took her to Masauri on the
Patna High Court CR. MISC. No.53215 of 2023(2) dt.25-08-2023 2/3
pretext of perform her marriage with her brother. Thereafter she took her to village- Pali where she called Abbas and told her to went with Abbas and he took her to a hut where an old lady resides there and kept her four days and during this period he made illicit physical relation with her and one day he was talking to someone for selling her of Rs. 20,000/- but she managed to escape from there.
5 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The specific allegation of sexual assault is against the co-accused Abbas. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.04.2023.
6 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Complaint Case No. 1210
Patna High Court CR. MISC. No.53215 of 2023(2) dt.25-08-2023 3/3
of 2016.
8 . The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in complaint case involving Section 376 IPC offences.
Md. Nizam Khalifa
The State Of Bihar
Munni Khatoon
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
