Babar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25112 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- KHARHAGPUR District- Munger ====================================================== Babar Ansari Son of Manzoor Ansari Resident of Village- Tilwaria, P.S.- Haweli Kharagpur, Dist.- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raju Ansari Son of Ajij Ansari Resident of Village- Tilwariya, P.S.- Haweli Kharagpur, Dist.- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate Mr. Dharmendra Kumar Singh, Advocate For the State :

Mr.Vinod Shanker Modi, APP For the Informant :

Mr. Jyoti Ranjan Jha, Advocate Ms. Shrishti Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 04.08.2023 in Cr. Misc. No. 45994 of 2023.

3. The petitioner seeks bail in connection with Kharagpur P.S. Case No. 83/2023 registered for the offence punishable under Sections 341/323/376/506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.25112 of 2024(3) dt.05-07-2024 2/3

4. The following order was passed on 04.08.2023 in Cr. Misc. No. 45994 of 2023 which reads as under: "Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 21.02.2023 in connection with Kharagpur P.S.

Case No. 83/2023 registered for the offence punishable under Sections 341/323/376/506/34 of the Indian Penal Code.

The allegation against the petitioner is of committing rape upon a minor girl.

It has been submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in this case. It is further submitted that the girl appears to be a major in the medical examination.

In view of the aforementioned facts and circumstances and taking into consideration that as per the school certificate, the girl is a minor one, I am not inclined to release the petitioner on bail. It is, accordingly, rejected for the present"

5. From the reading of the order of the trial Court, it appears that two witnesses have been examined and rest of the witnesses are also to be examined. The petitioner is in jail since 21.02.2023.

6. In these circumstances, this application is dismissed.

7. The Trial Court is directed to conclude the trial at the earliest preferably within six months.

8. Mr. Jha, appearing for the informant undertakes to

Patna High Court CR. MISC. No.25112 of 2024(3) dt.05-07-2024 3/3 produce the witnesses on each and every date and co-operate in the trial.

9. Accordingly, this application stands dismissed. (Sandeep Kumar, J) P. Kumar U T