Allowed

Md. Asarful@ Md. Rizwan @Rizwan v. The State of Bihar

Patna HC10 Nov 2023CR. MISC./58180/2023

Case brief

AI extract

What is this about?

Petitioner sought bail in a case under Sections 363 and 366-A IPC. Disputes existed between the victim's statements regarding marriage versus kidnapping. The court granted bail after the charge sheet was submitted.

What did the court decide?

Petitioner directed to be released on bail on furnishing bonds of Rs.20,000 with two sureties, subject to conditions regarding appearance at court dates and cancellation of bonds for violation or abse

Md. Asarful@ Md. Rizwan @Rizwan Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58180 of 2023

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Arising Out of PS. Case No.-125 Year-2023 Thana- BAHADURPUR District- Darbhanga

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======================================================

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MD. ASARFUL@ MD. RIZWAN @RIZWAN SON OF MD. LADDU RESIDENT OF VILLAGE -LOAM, PS- SADAR, DISTT- DARBHANGA

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate. For the Opposite Party/s: Mr. Ashok Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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3 10-11-2023

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Heard learned counsel for the petitioner and learned

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APP for the State.

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In the present case, the petitioner seeks bail in connection with Bahadurpur P.S. Case No. 125 of 2023 dated 20.3.2023 registered for the offence punishable under Sections 363 and 366-A of the Indian Penal Code.

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As per prosecution case, the minor daughter of the informant was kidnapped by the petitioner with the help of his associates. The victim girl was recovered from the house of the petitioner.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No occurrence as alleged has ever taken place. Learned counsel further submits that in the statement of victim girl

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Patna High Court CR. MISC. No.58180 of 2023(3) dt.10-11-2023 2/3

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recorded before the police she has stated that she knew the petitioner for two years and on 20^th of March, 2023 both of them solemnized marriage. However, the victim girl stated a different story in her statement recorded under Section 164 Cr. P.C. before the learned Judicial Magistrate that she was kidnapped by the petitioner on 17^th of March, 2023. The victim girl also stated in her statement recorded under Section 164 Cr. P.C. that the petitioner lives in the locality of her maternal grand-mother and he has been pressurizing her for solemnizing the marriage and she stated this fact to her mother and for this reason, when she went missing, her mother lodged the case against the petitioner for kidnapping. The petitioner is in custody since 15^th of April, 2023 and charge sheet has been submitted. Petitioner has got no criminal antecedent.

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Learned APP opposes the prayer for bail of the

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petitioner.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of

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Patna High Court CR. MISC. No.58180 of 2023(3) dt.10-11-2023 3/3

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learned Sub Divisional Judicial Magistrate, Darbhanga, in connection with Bahadurpur P.S. Case No. 125 of 2023, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:-

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(i) One of the bailors will be a close relative of the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by court below.

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(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

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(Arun Kumar Jha, J)

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S.Ali/-

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U T

Md. Asarful@ Md. Rizwan @Rizwan v. The State of Bihar

Case brief

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Md. Asarful@ Md. Rizwan @Rizwan v. The State of Bihar

Case brief

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