Kalam Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17597 of 2025 Arising Out of PS. Case No.-152 Year-2024 Thana- Manuapul District- West Champaran ====================================================== Kalam Alam S/o- Muslim Bhat Village- Shekh Dhurwa Police stationManuapool District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rabeya Khatoon W/o- Md. Israfil Village- Sheikh Dhurwa Ps- Manuapool Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sachida Nand Rai, Adv.

For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Manuapool P.S. Case No. 152 of 2024, registered for the offences punishable under Section137(2) of the BNS, 2023 and later on Sections 64, 103(2), 238, 3(5) of the BNS and Section 4, 6 of POCSO Act.

3. As per allegation, five-year-old daughter of the informant was sexually ravished and later on, she was murdered. Her mother (the informant) lodged an FIR stating therein that her daughter had gone to watch fair at Sheikh Dhurwa Math with children of the village but she did not return. The informant made a hectic search, but it was in vain.

Patna High Court CR. MISC. No.17597 of 2025(3) dt.14-05-2025 2/2

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He was not arrested at the spot. None has seen the occurrence and he is under custody since 19-01-2025. Except confessional statement, there is nothing against him.

5. On the other hand, the learned APP for the State, Sri J.N. Thakur, has opposed the prayer for bail and submitted that co-accused Raju Mahto and the petitioner were arrested on the basis of information given by the spy, and Raju Mahto furnished the vivid description of the entire occurrence and has stated that he, after committing rape, murdered the deceased, and the present petitioner was also with him. They concealed the dead body. He has also submitted that the skeleton was recovered at the disclosure made by the petitioner and coaccused Raju Mahto.

6. Considering the above-mentioned facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, it is rejected.

(Nawneet Kumar Pandey, J) kundan/- U T