Md. Aktar Ali @ Md. Akhtar Ali @ Md. Akhtar @ Akhtar Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25128 of 2020 Arising Out of PS. Case No.-63 Year-2019 Thana- RAJEPUR District- East Champaran ====================================================== MD. AKTAR ALI @ MD. AKHTAR ALI @ MD. AKHTAR @ AKHTAR ALI Son of Islam Miya R/o Village - Jhitkahiya, P.S.- Rajepur, District - East Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar For the Opposite Party/s :
Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-01-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Rajepur Police Station Case No. 63 of 2019, registered for the offences punishable under Section 376 of the Indian Penal Code and Section 4/8 of the Protection of Children from Sexual Offences Act, 2012.
This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 20.11.2019, passed in Criminal Misc. No. 53362 of 2019, giving liberty to the petitioner to move an application for grant of regular bail afresh after nine months.
Patna High Court CR. MISC. No.25128 of 2020(3) dt.27-01-2021 2/2 The allegation against the petitioner is that he committed rape upon nine-years old girl.
By order, dated 23.09.2020, a report was called for regarding the status of the trial and in pursuance thereof, learned 1st Additional Sessions Judge -cum- Special Judge, East Champaran, Motihari, has submitted the status report and from perusal of the same, it appears that the trial has commenced and is likely to be concluded within six months.
After having heard learned Counsel for the parties and taking into consideration the fact that the trial is likely go be concluded within six months, I am not inclined to grant regular bail to the petitioner.
This application is, accordingly, dismissed.
However, the petitioner may renew his prayer for regular bail after six months from today if the trial is not concluded by that time.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √