Md. Jamshed Alam Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Md. Jamshed Alam Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sushil Kumar Singh, Judicial Magistrate, Ist Class, Khagaria/concerned Court, in connection with Chautham P.S. Case No. 210 of 2023, G.R. No. 2278 of 2023.

Issue for consideration

Whether the petitioner, in custody since 02.01.2024 in connection with Chautham P.S. Case No. 210 of 2023 for an offence under Section 366/34 IPC, should be released on bail.

Court's answer

Per the statement under Section 164 Cr.P.C., the forceful act of seating the informant's wife on a motorcycle is attributed to co-accused Chhotu Thakur, while this petitioner only transported her by train from Begusarai to Sikandarabad and later brought her to Khagaria from Sikandarabad on 20.07.2023.

Ratio / Principle

There being no allegation of sexual assault against the petitioner, the Court, considering all aspects of the matter on perusal of the FIR, case diary, Section 164 statement and the impugned order, was inclined to grant bail.

Key takeaways

The petitioner was ordered to be released on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sushil Kumar Singh, Judicial Magistrate, Ist Class, Khagaria/concerned Court in connection with Chautham P.S. Case No. 210 of 2023, G.R. No. 2278 of 2023.ratio¶22

Detailed headnote1 paragraphs

Bail granted — Offence under Section 366/34 IPC, Chautham P.S. Case No. 210 of 2023, Khagaria — Perusal of FIR, case diary, statement under Section 164 Cr.P.C. and impugned order dated 02.02.2024 showed the Section 164 statement attributed the forceful act to co-accused Chhotu Thakur, the petitioner's role being confined to transporting the woman by train from Begusarai to Sikandarabad and bringing her to Khagaria on 20.07.2023 — No allegation of sexual assault against the petitioner — Released on bail of Rs.10,000/- with two like sureties before JM, Ist Class, Khagaria (G.R. No. 2278 of 2023).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19778 of 2024

Arising Out of PS. Case No.-210 Year-2023 Thana- CHAUTHAM District- Khagaria

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

Md. Jamshed Alam S/O- Late Nasim @ Naseem Mohammad R/O- VillageNavtolia, P.S.- Morkahi, Dist.- Khagaria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Amar Kumar Singh, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

3 26-04-2024

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner is in custody in a case registered for the offence punishable under Section 366/34 of the Indian Penal Code.

As per allegation in the FIR, it is a case of abduction of the wife of the informant and also the wife of the informant took away Rs.30,000/- from informant’s house.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Petitioner is in custody since 02.01.2024.

Learned APP for the State opposes the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.19778 of 2024(3) dt.26-04-2024 2/2

On perusal of the first information report, case diary, statement under Section 164 of the Cr.P.C. and impugned order dated 02.02.2024, it appears that the statement recorded under Section 164 of the Cr.P.C that the victim is alleged against other co-accused Chhotu Thakur forcefully got sited informant’s wife on his motorcycle and this petitioner only took her to Sikandarabad from Begusarai by train and on 20.07.2023 petitioner brought her to Khagaria from Sikandarabad and no allegation of sexual assault against the petitioner, so considering all aspects of the matter, I am inclined to grant bail to the petitioner.

Accordingly, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sushil Kumar Singh, Judicial Magistrate, Ist Class, Khagaria/concerned Court in connection with Chautham P.S. Case No. 210 of 2023, G.R. No. 2278 of 2023.

(Ramesh Chand Malviya, J)

Brajesh Kumar/- U T