Zakir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18911 of 2021 Arising Out of PS. Case No.-17 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Zakir Ansari, male, aged about 25 years, Son of Muslim Mian, Resident of Village - Naya Tola Laptahi, P.S. - Bettiah Muffasil (Manuapul), Dist. - West Champaran at Bettiah.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Aslam Ansari, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-12-2021 Heard Md. Aslam Ansari, the learned Advocate for the petitioner and Mr. Anand Kishore Choudhary, the learned APP for the State.

The petitioner seeks bail in connection with Bettiah Mufassil (Manuapul) P.S. Case No. 17 of 2018 (SGR No. 7/2018), dated 13.01.2018, instituted for the offences under Sections 147, 148, 149, 341, 342, 447, 323, 324, 307, 376, 511, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.18911 of 2021(3) dt.01-12-2021 2/3 Later on, Sections 302 of the I.P.C. and 8 of the Protection of Children from Sexual Offences Act, 2012 were also added.

The prayer for bail of the petitioner was earlier twice rejected.

This Court had called for a report about the stage of the case from the Court below vide order dated 03.11.2021, which report has been received and kept at Flag-R.

The report indicates that up-till-now, only four witnesses have been examined and rest could not be examined because of the prevailing pandemic situation in the entire country including the State of Bihar.

However, regard being had to the nature of accusation against the petitioner, notwithstanding his period of custody which is from 06.02.2018, I am not inclined to grant bail to him for the present.

The prayer for grant of bail is, accordingly, rejected.

However, the Trial Court is directed to expedite

Patna High Court CR. MISC. No.18911 of 2021(3) dt.01-12-2021 3/3 and conclude the trial positively within a period of nine months from today, failing which, the petitioner would have the liberty to approach the Trial Court for grant of bail and in that event, the Trial Court shall be under an obligation to state in detail the reasons for the tardy pace of the trial. The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T