Md. Kalua @ Sajid Alam @ Kalwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59977 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- AAJAM NAGAR District- Katihar ====================================================== Md. Kalua @ Sajid Alam @ Kalwa Son of Md. Rasid @ Rasida @ Abdur Rasid Resident of Village - Siktiya Bairiya, P.S. - Azamnagar, District - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Musowir, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, A.P.P.
For the Informant :
Mr. Bimal Kumar, Advocate Mr. Birendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-12-2024
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323 and 354(B) of the Indian Penal Code as well as Section 4 of the POCSO Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case under minor offences and is in custody since 28.05.2024.
4. It is next submitted that informant alleges that she had purchased the land as described in the FIR from Tauhid Alam, further on 19.12.2023, she along with her minor daughter went to see the land when accused persons came and said that
Patna High Court CR. MISC. No.59977 of 2024(4) dt.11-12-2024 2/3 the land belongs to them, on which she replied that she has purchased the land from Tauhid Alam, thereafter it is alleged that Hasibur Rahman and Aiyub Alam assaulted her and torn her cloths while Md. Khatib Alam and petitioner took her daughter in an orchard and disrobed her and tried to commit rape, but on alarm, villagers gathered and the accused fled away.
5. Learned counsel appearing on behalf of the petitioner submits that Md. Khatib Alam @ Khatib Alam had approached this Court seeking anticipatory bail by filing Cr. Misc. No. 65616 of 2024 and the same was allowed by an order dated 03.10.2024 after considering the case on merits and in detail. Learned counsel thus seeks regular bail for the petitioner by placing reliance on the order dated 03.10.2024 in Cr. Misc. No. 65616 of 2024.
6. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant opposed the prayer for regular bail of the petitioner.
7. Considering the aforesaid submissions and taking into consideration the order dated 03.10.2024 in Cr. Misc. No. 65616 of 2024, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.59977 of 2024(4) dt.11-12-2024 3/3 satisfaction of learned Court below where the case is pending in connection with Azamnagar P.S. Case No. 104 of 2024 corresponding to G.R. No. 1390 of 2024.
(Satyavrat Verma, J) Kundan/- U T