Patna High Court
Md. KhalidversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied.
Summary
The petitioner, Md Khalid, was arrested in connection with a case registered under Sections 363, 366A, 364 and 120B of the Indian Penal Code, alleging kidnapping, sexual assault and sale of the victim into prostitution. He applied for regular bail, claiming innocence. The State opposed the bail, emphasizing the grave nature of the allegations. The Court examined the seriousness of the offences and the risk to society. Considering the gravity of the charges, the Court declined to grant bail. Consequently, the bail application was rejected.
Issues considered
- Whether regular bail should be granted to the accused in a case involving kidnapping, sexual assault and criminal conspiracy?
Legislation cited
- Indian Penal Code — s. 120B, 363, 364, 366A
Subjects
- bail
- kidnapping
- sexual assault
- prostitution
- Indian Penal Code
- criminal conspiracy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53195 of 2025
Arising Out of PS. Case No.-26 Year-2023 Thana- MADHEPURA District- Madhepura
======================================================
Md. Khalid S/o Md. Abbas R/o Village- Sahugarh, Diwani Tola, P.S.-
Madhepura, District- Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kadira Khatun Wife of Md. Wasir Village- Sahugarh Diwani Tola, Ward no.
15, P.S.- Madhepura, Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pooja Prasad
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
Mr. Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 24-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Madhepura P.S. Case No. 26 of 2023 registered for the offence
under Sections 363, 366A, 364 and 120B of the Indian Penal
Code.
3. As per the prosecution case, the petitioner is alleged
to have kidnapped the victim girl, committed sexual assault
upon her, and subsequently sold her. The victim was made to
indulge in prostitution work.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Patna High Court CR. MISC. No.53195 of 2025(7) dt.24-03-2026
2/2
Petitioner is in custody since 31.05.2025.
5. Per contra, learned counsel for the State
vehemently opposes the bail application and submits that the
allegations against the petitioner are serious and grave in nature.
6. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner.
7. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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