IN THE COURT OF LEARNED SESSIONS JUDGE, PATNA

A.B.P. NO. /2024

(ARISING OUT OF SACHIWALAYA P.S. CASE NO. 108 OF 2024)

In the matter of an Application

under Section 438 and Section 440

of the Code of Criminal Procedure.

AND

In the matter of:--

Jalaluddin, male, aged about-18 years, son of Late Md. Ajmal,

Mithapur, Patna-800001.

…PETITIONER

VERSUS

1. The State of Bihar

2. Md. Ibhram, aged about-42 years, son of Late Md. Ajmal, Resident of

Phakirna, P.O+P.S. Sachiwalaya, District – Patna.

…OPPOSITE PARTIES
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Most respectfully sheweth-

1. That the petitioner has filed an application for grant of anticipatory bail who

is apprehending his arrest in connection with Sachiwalaya P.S. Case No. –

108/2024 which has been registered for the offences under Section-354B,

323, 366/34 of the Indian Penal Code read with Section 8 of the Protection

of Children from Sexual Offences Act (POCSO), 2012.

2. That the petition is not maintainable as where the police had already added

the offence under the POCSO Act, only the Special Court under the POCSO

Act could have entertained the bail application under the said Act.

3. That the petitioner has pleaded Alibi under para 10 of the petition. However,

the General Round of the accused’s Moot Court Competition held on 3 rd

January 2024 was over by 2:30 PM itself whereas the occurrence took place

at 9.15 p.m. of the 3rd of January. This is enough to show the possibility of

him coming back to Patna from Gaya and committing the above stated

crime.

Affidavit of the Convenor

of the Moot Court program

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is attached herewith

marked as Annexure P/1.

4. That the Delay in the lodging of the FIR is obvious because of the hesitation

on part of the family to spread the news of their daughter getting kidnapped

to people under the fear of social stigma. Additionally, recently the nikah of

the victim was fixed with a boy and the spreading of news of her kidnap

would have hampered that arrangement which is very significant for every

middle-class family. Also, the father of the victim was making all possible

attempts to find her out on his own.

5. That the petitioners have pleaded in the bail petition that the informant not

able to recognize neither as the description of the bike about color and the

company to which it belongs has been stated nor the persons who were

riding on the bike but it is submitted that the petitioner called the informant

at 5 am on 6th January which is proved by the CDR of petitioner’s cell

number, and on the call he stated that he wants to marry the informants

daughter or else he would kill her.

A copy of abovesaid CDR

records is attached herewith

and marked as ANNEXURE-

P/2.
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6. That the victim has been recovered on 8 th January and was sent to GAYA

SADAR HOSPITAL for medical examination which reveals the commission

of rape. The cellular/ Tower Location records of the petitioner show his

presence in the area where the girl was recovered. It is submitted that this

establishes a Prima Facie case against the petitioner warranting his custody

under S. 167 CrPC and for that purpose the prosecution urges the Hon’ble

court to not grant bail to him.

A copy of the Affidavit of the

Doctor examining the victim

attached herewith and marked as

ANNEXURE-P/3 and the

Cellular/Tower Location records

of the petitioner is attached

herewith and marked as

ANNEXURE-P/4.

7. That the petitioner maybe good at studies that doesn’t make him a man of

good character. He used to harass the victim in the college at several

instances as a result of which the families had to get involved. The phone

call recording produced by the petitioners is an old phone call recording of

the time when the victim’s father was trying to warn the accused about his
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repeated acts of harassment even after parent’s involvement as the accused

was not co-operating.

8. As per the Matriculation certificate the victim is a minor and thus POCSO,

2012 shall be applicable in this case.

A copy of above-said

Matriculation Certificate records

is attached herewith and marked

as ANNEXURE- P/5

9. The petitioner pleads there has been animosity between the accused and the

victim’s family. However, alleged animosity is from accused side wherein

his family refused to co-operate with victim’s family when the victim’s

family complained about the constant harassment of the victim by the

accused

Therefore, it is hereby humbly

prayed to your Lordships to not

grant bail to the petitioner in

connection with Sachiwalaya P.S.

Case No. – 108/2024 which has

been registered for the offences

under Section-354B, 323, 366/34

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of the Indian Penal Code read

with Section-8 of the POCSO

Act, 2012, to the satisfaction of

Learned Session Judge, Patna.

AND/ OR

Pass such other order or orders as

your Honour may deem fit and

proper.
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IN THE COURT OF LEARNED SESSIONS JUDGE, PATNA.

A.B.P. NO. /2024

(ARISING OUT OF Sachiwalaya P.S. CASE NO. – 108/2024)

Md. Jalauddin ...PETITIONER

Versus
The State of Bihar & Anr. ...OPPOSITE PARTIES
SUB: - ANTICIPATORY BAIL MATTER
INDEX
Sl. No. PARTICULARS PAGES
1. Opposition to Original Bail Petition U/S-438 and 440 01-06
of the Code of Criminal Procedure Code, 1973
2. ANNEXURE–P/1:- Affidavit of the Convenor of
the Moot Court Competition held on the CUSB
University, Gaya.
3. ANNEXURE–P/2 Series:- Copies of the CDR
records of the present petitioner
4. ANNEXURE–P/3 Series:- Copies of the Affidavit
of the Doctor examining the victim.
5. ANNEXURE- P/4 Series:- Copies of the
Cellular/Tower Location records of the petitioner.
6. ANNEXURE- P/5 Series:- Copies of Matriculation
Certificate records of the victim.