Md. Khursaid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16140 of 2024 Arising Out of PS. Case No.-182 Year-2022 Thana- BELSAND District- Sitamarhi ====================================================== Md. Khursaid, aged about 20 years, Male, S/o Abdul Karim R/o vill - Maula Nagar, P.S. - Belsand, Distt. - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Belsand P.S. Case No. 182 of 2022 registered for the offence under Sections 366-A / 34 of the IPC and Sections 3(1) (r) (s) (w) (i) of Schedule Caste, Schedule Tribe Prevention of Atrocities Act.
3. The prosecution case in brief is that on 14.12.2022 at 11 A.M. informant's minor daughter aged about 16 years was kidnapped by Md. Khursaid with the assistance of Md. Jamshaid, his brother Sukhari and mother Nazmun Khatoon for the purpose of marriage. It is further alleged that one Ishrat Khatoon used to visit her house and made her daughter talked with Md. Jamshaid on mobile.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He is custody since 27.07.2023 and similarly
Patna High Court CR. MISC. No.16140 of 2024(2) dt.20-03-2024 2/2 situated co-accused has already been granted bail by this Court passed in Cr. Misc. No. 13301 of 2024.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
6. On perusal of the FIR, seizure list and judgment dated 09.11.2023, passed by learned Additional Sessions Judge - VI - cum Special Judge, (POCSO Act), Sitamarhi, it appears that FIR was registered under Section 366A, 376 of IPC and Sections 3(1) (r)(s)(w) S.C./S.T. (POA) Act and Section 4 of POCSO Act and on the basis of written report of the informant that one co-accused Jamshaid has already been acquitted by learned trial Court and both parties have compromised this case, in these circumstances, I am inclined to grant bail to the petitioner, let the petitioner, abovenamed, 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 learned Additional Sessions Judge - VI - cum - Special Judge (POCSO Act), Sitamarhi in connection with Besland P.S. Case No. 182 of 2022.
Brajesh Kumar/- (Ramesh Chand Malviya, J) U