Shekh Gairul @ Sk. Gaurul v. The State of Bihar

Patna HC9 Apr 2024CR. MISC./8630/2024

Case brief

AI extract

What is this about?

Keywords: bail application granted; Patna High Court; CRL. MISC. No.8630 of 2024; Manihari P.S. Case No. 182 of 2023; Katihar; kidnapping; Sections 363 and 366(A) IPC; s.164 CrPC statement of victim; love affair; left home of own sweet will; marriage solemnised at Madarsa in Delhi; no allegation of sexual assault; F.I.R. delay of three months; surrender on 17.08.2023; judicial custody; bail bonds Rs. 10,000/- with two sureties; Chief Judicial Magistrate Katihar; Justice Ramesh Chand Malviya; oral order dated 09-04-2024.

What did the court decide?

Petitioner released on bail upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Katihar, in connection with Manihari P.S. Case No. 182 of 2023. ¶¶24

Shekh Gairul @ Sk. Gaurul Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, implicated in Manihari P.S. Case No. 182 of 2023 for offences punishable under Sections 363 and 366(A) IPC, is entitled to be released on bail.

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Court's answer

On perusal of the F.I.R., case diary and the victim's s.164 CrPC statement, the Court found that the victim had a love affair with the petitioner for the past year, left her house of her own sweet will, went with him to Delhi where they solemnised marriage at a Madarsa and lived as husband and wife, and made no allegation of sexual assault or physical misbehaviour against the petitioner.

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Ratio / Principle

Considering the facts and circumstances of the case, the submissions made on behalf of the petitioner and his period of custody, the Court ordered release of the petitioner on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar.

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Detailed headnote1 paragraphs

BAIL GRANTED - Patna High Court (Ramesh Chand Malviya, J.), CRL. MISC. No.8630 of 2024, decided 09-04-2024 (arising out of Manihari P.S. Case No. 182 of 2023, Dist. Katihar; offences under Sections 363 and 366(A) IPC). Perusing the F.I.R., the impugned order dated 23.11.2023 and the case diary, the Court noted that the victim's s.164 CrPC statement recorded a year-long love affair with the petitioner, that she left home out of her own sweet will, accompanied him to Delhi where the marriage was solemnised at a Madarsa, and that she alleged no sexual assault or physical misbehaviour. Counsel submitted the F.I.R. was lodged after a three-month delay and that the petitioner, who surrendered on 17.08.2023, had no criminal antecedent. Considering the facts and circumstances, the submissions and the period of custody, the petitioner was ordered released on bail bonds of Rs. 10,000/- with two like sureties to the satisfaction of the Chief Judicial Magistrate, Katihar.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8630 of 2024

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Arising Out of PS. Case No.-182 Year-2023 Thana- MANIHARI District- Katihar

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

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Shekh Gairul @ Sk. Gaurul S/O SHEKH SHABIR VILLAGEKUMARIPUR KALI ASTHAN, PS. MANIHARI, DIST. KATIHAR.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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For the Petitioner/s : Mr.Bimal Kumar, Advocate For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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3 09-04-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in connection with Manihari P.S. Case No. 182 of 2023 instituted for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

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As per the prosecution case, informant’s daughter went outside for Kumripur but she did not return home. On search, informant came to know that the petitioner with intent to marry her daughter kidnapped her and kept in his house.

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Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The F.I.R. has been lodged

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Patna High Court CR. MISC. No.8630 of 2024(3) dt.09-04-2024 2/3

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after the delay of three months of the occurrence. The victim girl was recovered and her statement was recorded u/s 164 of Cr.P.C. wherein she has not raised any finger against the petitioner for any overt act. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner himself surrendered in the court below on 17.08.2023 and since then he is languishing in judicial custody.

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Learned APP for the State has vehemently opposed the prayer for bail.

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From perusal of the F.I.R., impugned order dated 23.11.2023, case diary along with statement of victim recorded u/ 164 of the Cr.P.C., it appears that on the basis of written report of informant F.I.R. registered against three accused persons including the present petitioner. During investigation, victim was recovered and her statement was recorded u/s 164 of the Cr.P.C. wherein she has clearly stated that she has a love affair with the petitioner since last one year. She left her house out of her own sweet will and went with the petitioner to Delhi where they solemnized marriage in Madarsa and lived there as husband and wife. She has not stated about any sexual assault or physical misbehave against the petitioner.

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Considering the facts and circumstances of the case

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Patna High Court CR. MISC. No.8630 of 2024(3) dt.09-04-2024 3/3

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and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Manihari P.S. Case No. 182 of 2023.

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(Ramesh Chand Malviya, J)

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lata/- U T

Shekh Gairul @ Sk. Gaurul v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shekh Gairul @ Sk. Gaurul v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

Parties & counsel

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