Zakir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33190 of 2021 Arising Out of PS. Case No.-102 Year-2020 Thana- MOTIHARI TOWN District- East Champaran ====================================================== ZAKIR KHAN Son of Izhar Khan Resident of Village- Dariyapur, P.S.- Sangrampur, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tanweer Kamal, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence under Sections 363,366(A)/34 of IPC and later on Section 8 of POCSO Act was added.

The prosecution case, in short, is that on 28.01.2020 the minor daughter of the informant went to school but did not return to home. Thereafter the informant saw in C.C.T.V. footage that his daughter was going on motorcycle of Zakir Khan) petitioner. Petitioner was taken the informant's daughter by persuading her with intention to marry or exploit her. Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated

Patna High Court CR. MISC. No.33190 of 2021(11) dt.09-05-2022 2/2 in the present case.

Vide order dated 28.03.2022, a report was called for with regard to the stage of the trial. Report dated 02.04.2022 reveals that out of nine witnesses, six defence witnesses have already been examined. Now the case is pending for examination of three defence witnesses.

In view of the report, I am not inclined to enlarge the petitioner on bail in connection with Motihari Town P.S.Case No.102 of 2020 pending in the court of learned Additional District Judge 6th , POCSO Court, Motihari.

Prayer is refused.

However, the learned Trial Court is directed to expedite the trial.

(Rajesh Kumar Verma, J) Nitesh/- U T