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Patna High Court

Md. KhalidversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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