Saddam Khan v. The State Of Bihar
Case at a glance
- Bench
- AKHILESH CHANDRA
Outcome
Bail granted
four weeks, let the above named petitioner be enlarged on bail on
Provisions considered
- Indian Penal Code, 1860 s. 34
- Code of Criminal Procedure, 1973 ss. 164, 438(2)
Judgment
Operative part
.... .... Opposite Party/s ============================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar Jha For the Opposite Party/s : Mr. Chandra Sen Pd. Singh, APP ============================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 24-02-2012 Supplementary affidavit has been filed on behalf of the petitioner. Heard learned counsel for the petitioner, learned counsel for informant and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner, apprehends his arrest in connection with a case registered for the offence punishable under Sections 366(A), 280 r/w Section 34 of the Indian Penal Code, is one of the named accused in this case with allegation of taking away minor daughter of the informant for the purposes of marriage. Submission is that victim has already attained the age of poverty and she has entered into contract of marriage with the Patna High Court Cr.Misc. No.43927 of 2011 (3) dt.24-02-2012 petitioner. Nikahnama has also been filed in her statement under Section 164 of Cr.P.C. She also supported this assertion and further reliance has been placed on the decision of this court in a case Nahida Praveen Vs. The State of Bihar & Ors. reported in 2008(4) PLJR 147. 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 satisfaction of Chief Judicial Magistrate, Supaul, in connection with Pipra P.S. Case No. 85/2011, 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 on each and every till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: four weeks, let the above named petitioner be enlarged on bail on
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — s. 34; 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.