Md. Sakim v. The State Of Bihar
Case at a glance
- Bench
- AKHILESH CHANDRA
Outcome
Bail granted
above named petitioner be enlarged on bail on furnishing bail bond of Rs
Provisions considered
- Indian Penal Code, 1860 ss. 363, 366
- Code of Criminal Procedure, 1973 ss. 164, 438(2)
Judgment
.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 09-02-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 151 dated 14.09.2011. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under Sections 363/366 of the Indian Penal Code, is one of the named accused in this case with allegation of kidnapping of minor daughter of the informant. Submission is of false implication and delayed institution of the case in spite of knowing everything since the date of occurrence i.e.
Operative part
10.02.2011, but the police was informed on 17.02.2011. Further, it is also submitted that the victim in her statement recorded under Section 164 of the Code of Criminal Procedure has stated all details of circumstances under which she forced the petitioner to marry and the torture etc. was made by her parents and other relatives and there is also nothing in the case diary to negative such assertions of torture etc. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the 2 Patna High Court Cr.Misc. No.23873 of 2011 (3) dt.09-02-2012 satisfaction of Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 75 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: above named petitioner be enlarged on bail on furnishing bail bond of Rs
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 363, 366; Code of Criminal Procedure, 1973 — ss. 164, 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.