Patna High CourtCR. MISC./32040/2021bail rejected

Md. Jubair Alam @ Md. Juber Ala v. The State Of Bihar

2022-02-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32040 of 2021 Arising Out of PS. Case No.-33 Year-2019 Thana- SIKTI District- Araria ====================================================== MD. JUBAIR ALAM @ MD. JUBER ALA S/o Late Kutub Alam @ Md. Kutub Uddin R/o village- Kaliyaganj, Ward No. 13, P.S.- Palasi, DistrictAraria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363, 363A, 366B, 370, 508 and 34 of the Indian Penal Code. As per the prosecution case, the petitioner and one another were caught while making an attempt to kidnap a minor child.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No such occurrence as alleged took place. The petitioner being mentally unsound was only playing with the child and has been falsely implicated. He is in custody since 17.3.2019 and has no

Patna High Court CR. MISC. No.32040 of 2021(4) dt.18-02-2022 2/2 criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

A report was called for from the learned trial court and as per the report received, case is at the stage of framing of charge.

Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R. together with the statement under section 164 Cr.P.C. of the victim, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T