Kalam @ Md Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28635 of 2020 Arising Out of PS. Case No.-55 Year-2019 Thana- KURLIKOT District- Kishanganj ====================================================== Kalam @ Md Kalam, aged about 35 years, Male, Son of Late Jama Bakhas @ Alu Khowa, Resident of Village- Kowabhitta, P.S.- Kurlikot, DistrictKishanganj. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the State :

Mr.Binod Kumar No.2, A.P.P.

For the Informant : Mr.Ravindra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2020 Heard learned counsel for the petitioner, the informant and the State through the virtual court proceeding. The petitioner seeks bail in connection with Kurlikot P.S. Case No. 55 of 2019 registered for the offences punishable under Sections 292, 384, 506, 509 of the Indian Penal Code and Sections 66(E)67, 67(A) of Information of Technology Act. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in the present case. He further submits that from perusal of the F.I.R., petitioner is not named in the F.I.R. by conspiracy falsely implicated in this case on the basis that the informant has taken the fifty thousand rupees for the treatment of his wife and when the petitioner demanded money then the present case filed against the named accused persons.

Patna High Court CR. MISC. No.28635 of 2020(3) dt.15-12-2020 2/2 He further submits that the occurrence took place on 14.09.2019 and F.I.R. was lodged on 20.09.2019. There is no explanation for delay of filing of the F.I.R.

Learned counsel for the informant appears in the present case and submits that the victim has supported the case under Section 164 of Cr.P.C. and in the case diary, the other witnesses have also supported the prosecution case. I have gone through the record including the case diary. The victim has supported the prosecution case under Section 164 of Cr.P.C. mentioned in paragraph-31 of the case diary and other witnesses have also supported the prosecution case.

In the facts and circumstances of the case, I am not inclined to enlarge the above named petitioner on bail. Accordingly, the prayer for bail of the above named petitioner in connection with Kurlikot P.S. Case No.55 of 2019 pending in the court of learned Chief Judicial Magistrate, Kishanganj is hereby rejected.

(Anjani Kumar Sharan, J) Nasimul/- U T