Md. Kalam @ Kalam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81792 of 2023 Arising Out of PS. Case No.-55 Year-2019 Thana- KURLIKOT District- Kishanganj ====================================================== Md. Kalam @ Kalam Son Of Late Jama Bakhas @ Alu Khowa Resident Of Village - Kowabhita, P.S. - Kurlikot, District - Kishanganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan For the Opposite Party/s :
Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 376, 292, 384, 506, 509 of the Indian Penal Code and Section 66(E), 67(A) of the Information of Technology Act.
3. This is the third attempt of the petitioner for grant of regular bail. Earlier the bail was rejected twice by this Court vide order dated 15.12.2020 passed in Cr. Misc. No. 28635 of 2020 and vide order dated 10.08.2022 passed in Cr. Misc. No. 34969 of 2022, with a liberty to the petitioner to renew his prayer for bail, if the trial is not concluded with the stipulated period.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.81792 of 2023(2) dt.05-01-2024 2/2 the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that all the witnesses have been examined except the I.O and the Doctor. The petitioner has no criminal antecedent as mentioned in para3 of this application.
5. Considering the facts and circumstances of the case and the fact that all the witnesses have been examined except the I.O. and the Doctor, I am not inclined to enlarge the petitioner on bail.
6. Accordingly, the prayer of the petitioner for bail is rejected in connection with Kurlikot P.S. Case No. 55 of 2019, pending before the Court of learned 1st Additional Sessions Judge, Kishanganj.
7. However, learned Court below is directed to conclude the trial on day to day basis.
(Anjani Kumar Sharan, J) anand/- U T