Dismissed¶36

Md. Bali v. The State Of Bihar

Patna HC25 Feb 2025CR. MISC./85179/2024

Case brief

AI extract

What is this about?

Patna High Court, Sandeep Kumar J, order dated 25-02-2025; Cr. Misc. Nos. 72630 of 2024 (regular bail, Md. Arbaj) and 85179 of 2024 (anticipatory bail, Md. Bali), both dismissed; Dalsinghsarai P.S. Case No. 143/2023, District Samastipur; kidnapping of 13-year-old minor girl; Sections 366A/34 IPC; victim statement under Section 164 Cr.P.C.; victim recovered from Pune; intoxicant administered; Md. Arbaj in custody since 02.08.2024; direction to surrender within four weeks and pray for regular bail; advocates Alok Kumar Sinha, Rajeev Ranjan, Sangeeta Sharma, Pradeep Narain Kumar.

What did the court decide?

None; both applications were dismissed. Md. Bali was directed to surrender within four weeks and pray for regular bail. ¶36

Md. Bali Vs The State Of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72630 of 2024

¶2

Arising Out of PS. Case No.-143 Year-2023 Thana- DALSINGHSARAI District- Samastipur

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====================================================== Md. Arbaj @ Md. Arbaz @ Md. Arwaj @ Bablu S/o Md. Enual Haque R/o Village- Chak Bahauddin, Ward No.3, P.S.- Dalsingh Sarai, DistrictSamastipur

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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

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with CRIMINAL MISCELLANEOUS No. 85179 of 2024

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Arising Out of PS. Case No.-143 Year-2023 Thana- DALSINGHSARAI District- Samastipur

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====================================================== Md. Bali S/O Late Kamarul Huda @ Late Kamrul Hoda R/O VillageChakbahauddin, ward no.03, P.S.- Dalsinghsarai, District- Samastipur

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... ... Petitioner/s

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Versus

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The State Of Bihar Patna

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... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 72630 of 2024) For the Petitioner/s : Mr.Alok Kumar Sinha For the Opposite Party/s : Mr.Sangeeta Sharma (In CRIMINAL MISCELLANEOUS No. 85179 of 2024) For the Petitioner/s : Mr.Rajeev Ranjan For the Opposite Party/s : Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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4 25-02-2025

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Re. Cr. Misc. No. 85179 of 2024

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Heard learned counsel for the petitioner and learned

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APP appearing on behalf of the State.

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The petitioner apprehends his arrest in connection with Dalsinghsarai P.S. Case No. 143/2023 for the offences punishable under Sections 366A/34 of the Indian Penal Code.

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The petitioner and other co-accused persons are accused of kidnapping a 13 years old minor girl. They took her to a place, made her drink something mixed with some

¶22

Patna High Court CR. MISC. No.72630 of 2024(4) dt.25-02-2025 2/3

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intoxicant. Thereafter she lost her consciousness and she found herself in Pune. After ten days, she was recovered from Pune and brought to her home. In the statement of the victim recorded under Section 164 of the Cr. P.C., she has named Md. Bali as the person who along with Md. Arbaj had taken her away.

¶24

Learned counsel for the petitioner submits that Md. Bali (petitioner) is innocent and the main allegation is against Mr. Arbaj and he has nothing to do with the occurrence.

¶25

Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail and has submitted that a 13 years old girl was kidnapped and recovered from Pune. She has named the petitioner as one of the kidnappers.

¶26

In these circumstances, the petitioner does not deserve anticipatory bail. This application for grant of anticipatory bail is dismissed.

¶27

The petitioner is directed to surrender within four weeks and pray for regular bail.

¶28

Re. Cr. Misc. No. 72630 of 2024

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Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

¶30

The petitioner seeks bail in connection with

¶31

Patna High Court CR. MISC. No.72630 of 2024(4) dt.25-02-2025 3/3

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Dalsinghsarai P.S. Case No. 143/2023 for the offences punishable under Sections 366A/34 of the Indian Penal Code.

¶33

The petitioner and other co-accused persons are accused of kidnapping a 13 years old minor girl. They took her to a place, made her drink something mixed with some intoxicant. Thereafter she lost her consciousness and she found herself in Pune. After ten days, she was recovered from Pune and brought to her home. In the statement of the victim recorded under Section 164 of the Cr. P.C., she has named Md. Bali as the person who along with Md. Arbaj (petitioner) had taken her away.

¶34

Learned counsel for the petitioner has submitted that the petitioner (Md. Arbaj) is a 20 years old boy and he was in a relationship with the victim. He is in jail since 02.08.2024.

¶35

From the statement of the victim girl, it appears that Md. Arbaj (petitioner) took her away to Pune and kept her there for 20 days.

¶36

In these circumstances, this is not a fit case for grant of regular bail. This application is dismissed.

¶37

(Sandeep Kumar, J)

¶38

Saif/- U T

Md. Bali v. The State Of Bihar

Case brief

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What did the court decide?

Md. Bali v. The State Of Bihar

Case brief

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