Md. Kalam @ Arman Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

Md. Kalam @ Arman Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

Release of the petitioner on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Additional Sessions Judge-cum-Special Court No. 3 of POCSO Act, Muzaffarpur, in connection with Kudhni P.S. Case No. 536 of 2018, subject to the condition that he cooperates in the disposal of the trial and remains available as and when required by the court.

Issue for consideration

Whether regular bail should be granted to the petitioner (MD. KALAM @ ARMAN), accused under Sections 376, 420, 120(B) IPC in Kudhni P.S. Case No. 536 of 2018, taking into account the period of his incarceration (in custody since 10.05.2023) and the fact that the victim did not support the prosecution case in her application.

Court's answer

Regular bail granted: considering the facts and circumstances, the period of incarceration (custody since 10.05.2023, more than a year), and that the victim did not support the prosecution case in her application, the petitioner is to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Additional Sessions Judge-cum-Special Court No. 3 of POCSO Act, Muzaffarpur, in connection with Kudhni P.S. Case No. 536 of 2018.

Ratio / Principle

Bail granted subject to the condition that the petitioner shall cooperate in the disposal of the trial and make himself available as and when required by the court.

Detailed headnote1 paragraphs

Patna High Court - CRIMINAL MISCELLANEOUS No.12674 of 2024 (oral order dated 25-07-2024, Hon'ble Mr. Justice Nawneet Kumar Pandey, sole judge): Regular bail granted to petitioner MD. KALAM @ ARMAN, booked under Sections 376, 420, 120(B) of the Indian Penal Code in Kudhni P.S. Case No. 536 of 2018 (District Muzaffarpur), on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Additional Sessions Judge-cum-Special Court No. 3 of POCSO Act, Muzaffarpur. Grounds relied upon: petitioner's custody since 10.05.2023 (more than a year) and the victim's application not supporting the prosecution case (stating the petitioner's innocence), notwithstanding that her Section 164 CrPC statement had corroborated the allegations. Condition imposed: petitioner shall cooperate in the disposal of the trial and make himself available as and when required by the court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12674 of 2024

Arising Out of PS. Case No.-536 Year-2018 Thana- KUDHNI District- Muzaffarpur

======================================================

MD. KALAM @ ARMAN SON OF LATE MD. JAFIR R/O-SAKRA FARIDPUR, P.S.-SAKRA, DISTT.-MUZAFFARPUR

... ... Petitioner/s

Versus

The State of Bihar

VICTIM X D/O- MARHUM HAQ S/O- NOT KNOWN VILLAGEBHOTHAHA, P.S.- KUDHNI, (TURKI O.P.), MUZAFFARPUR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

5 25-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Kudhni P.S. Case No. 536 of 2018, registered for the offences punishable under Sections 376, 420, 120(B) of the Indian Penal Code.

The prosecution story in short is that the petitioner visited the house of the victim with sweets. After consuming the sweets, the victim lost consciousness. Then the petitioner disrobed her and committed rape. The petitioner also allegedly made a video of the incident, blackmailed the victim for her mother’s jewelry, and threatened to kill her brother, if the

Patna High Court CR. MISC. No.12674 of 2024(5) dt.25-07-2024 2/3

jewelry was not given within two months.

Learned counsel for the petitioner submits that

the petitioner is the husband of elder sister of the victim. Her elder sister died in her native place and after her death the family members of the victim were making pressure upon the victim to return her streedhan and due to not returning of that streedhan, the family members of the victim falsely implicated him in the present case. The victim is sister-in-law of the petitioner. The victim has not been medically examined and when the victim realized her mistake she filed an application stating the innocence of the petitioner. The petitioner is under custody since 10.05.2023 which is more than a year.

On the other hand, learned APP opposed the prayer for bail by submitting that the victim has corroborated the allegation in her Statement under Section 164 of the CrPC.

Considering the above-mentioned facts and circumstances, the period of incarceration and also considering that the victim did not support the prosecution case in her application, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Special Court No. 3 of POCSO Act,

Patna High Court CR. MISC. No.12674 of 2024(5) dt.25-07-2024 3/3

Muzaffarpur in connection with Kudhni P.S. Case No. 536 of 2018, subject to the following condition:-

The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)

SONALI/-

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