Allowed

Salim Khan v. The State of Bihar

Patna HC14 Nov 2024CR. MISC./54365/2024

Case brief

AI extract

What is this about?

Bail application under POCSO and IPC kidnapping provisions where the minor victim stated she left home on her own and made no allegation against the petitioner, who had no criminal antecedent. Court granted regular bail on furnishing bonds with conditions.

What did the court decide?

Petitioner released on bail on Rs.10,000 bond with two like sureties, subject to conditions on appearance and non-tampering.

Salim Khan Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54365 of 2024

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Arising Out of PS. Case No.-3 Year-2024 Thana- Kalibagh District- West Champaran

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

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Salim Khan S/o Md. Samim R/o vill - Ahmodnagar, Gorakhpur Uttar Pradesh, P.S. - Gorakhnath, Distt. - Gorakhpur (U.P.) ... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s

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

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Appearance : For the Petitioner/s : Mr.Arun Kumar Sinha, Advocate For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP For the informant : Mr. Sanjeev Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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4 14-11-2024

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Heard Mr. Arun Kumar Sinha, learned counsel for the petitioner and Mr. Sanjeev Kumar, representing the informant as also the learned APP for the State.

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The petitioner is in judicial custody in connection

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with Kalibagh P.S. Case No. 03 of 2024 for the offence punishable under Sections 363, 366(A) of the Indian Penal Code and section 8 of POCSO Act lodged on 12.03.2024 by the informant, Meera Devi.

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As per the prosecution story, the informant alleged that her daughter went to the grocery shop but failed to return and despite search, could not locate her and apprehending kidnapping, the FIR. Subsequently, it came to light that the girl is with the petitioner, Police went to the place and the petitioner was arrested, is in custody since 19.3.2024 (para-6 of the petition).

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In this case, the coordinate bench had called for the

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Patna High Court CR. MISC. No.54365 of 2024(4) dt.14-11-2024 2/3

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case diary and the statement of the victim girl which is on record.

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Learned APP has taken this Court to the statement of the victim girl in which she has made statement that she had got conversation with her father after which she went to Gorakhpur where her boy friend (the petitioner herein) was residing. Further, through her phone location, the Police alongwith the father came to Gorakhpur and took her with them. It is her further statement that she had forced the petitioner to take her to Gorakhpur.

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Learned counsel for the informant submits that a perusal of the statement would show that she was minor at that time.

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Having heard the parties as also perusing the record, though the girl is minor, she has stated that she went to Gorakhpur on her own, has not alleged anything wrong against this petitioner, is in custody since 19.3.2024 having no criminal antecedent, in that background, this Court is inclined to extend him the privilege of bail with conditions.

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Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned learned Special

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Patna High Court CR. MISC. No.54365 of 2024(4) dt.14-11-2024 3/3

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Judge POCSO cum ADJ-VI, West Champaran, Bettiah, in connection with Kalibagh P.S. Case No. 03 of 2024 subject to the following conditions:

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(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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(Rajiv Roy, J)

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Ravi/-

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Salim Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Salim Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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