Abdul Bahid @ Danish Sekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 34678 of 2021 Arising Out of PS. Case No.-324 Year-2019 Thana- RAMPUR District- Gaya ====================================================== Abdul Bahid @ Danish Sekh, Male, aged about 30 years, Son of Late Mukimuddin, Resident of Village - Subhanabad Ghardaur, PS- Banawa Ithari, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar Sinha, Advocate For the State :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-09-2021 Heard Mr. Ravindra Kumar Sinha, learned counsel for the petitioner and Mr. Mukeshwar Dayal, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Rampur PS Case No. 324 of 2019 dated 07.09.2019, instituted under Sections 366A, 376, 379 of the Indian Penal Code and 4, 14 of The Protection of Children from Sexual Offences Act, 2012.

3. This is the second attempt for bail by the petitioner as earlier such prayer was rejected by judgment and order dated 19.06.2020 passed in Cr. Misc. No. 4107 of 2020.

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4. By order dated 25.08.2021, a report was called from the Court below with regard to the status of the case and likely time by which the same can be concluded.

5. In terms thereof, the Special Judge, POCSO Courtcum-ADJ, VI, Gaya by letter dated 28.08.2021 has communicated that the case was likely to be disposed of within six months.

6. Learned counsel for the petitioner submitted that the Court below be directed to conclude the trial at the earliest.

7. Learned APP also submitted that in view of substantial progress being made in the trial, the same may be directed to be concluded expeditiously.

8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of what has been recorded in the judgment dated 19.06.2020 passed in Cr. Misc. No. 4107 of 2020, by which the prayed for bail of the petitioner was earlier rejected and the report of the Court below, this Court is not inclined to reconsider the prayer for bail.

9. Accordingly, the petition stands dismissed.

10. However, since in the report of the trial Court dated 28.08.2021, it has been stated that the trial is likely to be completed within six months and the submission of learned counsel for the petitioner that only the Investigating Officer of the

Patna High Court CR. MISC. No.34678 of 2021 dt.29-09-2021 3/3 case remains to be examined on behalf of the prosecution, the Court below is directed to conclude the trial expeditiously and latest within three months from the date of receipt of a copy of this order.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T