Allowed

Md. Khurshid Alam @ Md. Khurshid @ Khurshid Alam v. The State of Bihar

Patna HC11 May 2023CR. MISC./7850/2023

Case brief

AI extract

What is this about?

In a bail application for offences under sections 363, 366(A)/34 of the IPC regarding the alleged kidnapping of a minor, the Patna High Court, considering the lack of evidence against the petitioner and the victim's recovery, directed his release on bail.

What did the court decide?

The petitioner is directed to be released on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the Special Judge (POCSO) Act, Darbhanga.

Md. Khurshid Alam @ Md. Khurshid @ Khurshid Alam Vs The State… — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7850 of 2023

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Arising Out of PS. Case No.-1 Year-2022 Thana- ALINAGAR District- Darbhanga

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

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Md. Khurshid Alam @ Md. Khurshid @ Khurshid Alam S/O Late Md. Abdul @ Md. Abul R/V- Pakri, P.S.- Alinagar, District- Darbhanga

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... ... Petitioner/s

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Versus

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The State of Bihar ===================	... ... Opposite Party/s ===================================
Appearance : For the Petitioner/s :	Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : ===================	Mr. Suresh Prasad Singh ===================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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3 11-05-2023

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366(A)/34 of the Indian Penal Code.

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The prosecution case, in brief, is that the informant alleged that his daughter, aged about 16 years, went to bring her admit card but she did not return. Thereafter, the informant came to know that his daughter has been kidnapped by the accused persons including the petitioner on the pretext of solemnization of marriage.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of Case diary, victim girl was recovered and her statement has been recorded

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Patna High Court CR. MISC. No.7850 of 2023(3) dt.11-05-2023 2/2

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under section 164 of Cr.P.C., wherein, she did not whisper any complicity of the petitioner in respect of misbehaving or physically assaulting. As per medical report of the victim which is at page 12 of the case diary, doctor accessed her age about 17 years and found no external injury. The victim girl refused further for medical test. It is further submitted that the petitioner has got no criminal antecedents and languishing in judicial custody since 12.5.2022.

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Learned APP appearing for the state has opposed the prayer of regular bail.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Alinagar P.S. Case No. 01 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge (POCSO) Act, Darbhanga.

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(Sunil Kumar Panwar, J)

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Amandeep/-

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U T

Md. Khurshid Alam @ Md. Khurshid @ Khurshid Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Khurshid Alam @ Md. Khurshid @ Khurshid Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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