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Patna High CourtCR. MISC./71868/2018rejected

Md. Kannu @ Kannu v. The State Of Bihar

2019-03-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71868 of 2018 Arising Out of PS. Case No.-227 Year-2017 Thana- KATIHAR District- Katihar ====================================================== Md. Kannu @ Kannu Son of Md. Mahboob @ Mahboob Ansari @ Md. Mahboom Ansari, Resident of Village-Sewa Nagar, Baigna, Ward No.45, Police Station-Katihar, District-Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abdul Wadood, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 363/365/366/376D/120B of the Indian Penal Code.

The allegation relates to commission of gang rape. The report of the trial Judge reveals that only two prosecution witnesses have been examined after framing of the charges on 06.03.2018.

The Superintendent of Police, Katihar, is directed to ensure production of the remaining prosecution witnesses within four months including the victim of the case in connection with Katihar Town P.S. Case No.227 of 2017, corresponding to S.T.

Patna High Court CR. MISC. No.71868 of 2018(3) dt.27-03-2019 2/2 No.67 of 2018, pending in the Court of 1st Additional Sessions Judge, Katihar.

With the aforesaid observation, the prayer for bail of the petitioner, who is in custody since 29.04.2017, is refused for the present.

The petitioner may renew the prayer after six months if the trial is not concluded in the meantime along with a copy of the last order-sheet of the Court-below. The learned trial Judge is also directed to not allow long adjournments in the matter.

(Birendra Kumar, J) Mkr./- U T