"Be it MP or MLA, nobody is bigger than law. The police has freedom to act lawfully against those breaking law," Kumar told reporters.
The CM said the Jokihaat MLA had contacted his office on January 18 and was given time to meet "me on January 19".
"But, he didn't turn up which made it clear 'Mamala kuch hai' (there is something fishy)," he said.
"While the police is initiating action lawfully in the matter, the party would act against him on its own," Kumar said.
Later in the afternoon Kumar held a meeting with JD(U) President Sharad Yadav and state chief Basistha Narayan Singh.
Though details of the meeting was yet to be known, JD(U) sources said it dealt with this issue besides other organisational matters.
They said suspension of the MLA was in the offing.
Alam, son of RJD MP Mohammad Taslimuddin and a third-term MLA from Jokihaat in Araria district, has been summoned by police today to record his statement at GRP Patna by 5 PM.
Alam's mobile phone is also switched off.
Rail Superintendent of Police P N Mishra told PTI, "We have given him time till 5 PM to appear and if he does not turn up by then the police will initiate lawful action."
An FIR was lodged against the MLA last Monday with the GRP here for allegedly abusing a couple on board Guwahati-New Delhi Rajdhani Express.
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