Md Ibrahim @ Md Ibrahim Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2446 of 2021 Arising Out of PS. Case No.-18 Year-2020 Thana- MAHILA PS District- Buxar ====================================================== MD IBRAHIM @ MD IBRAHIM ANSARI, S/o Md. Kamarudin Ansari Resident of Village - Sonbarisa, P.S.- Buxar (Ind.), District - Buxar. ... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Praveen Kumar, Advocate For the Respondent/s :
Mr. Sadanand Paswan, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-09-2021 Heard learned counsel for the parties.
The instant appeal has been preferred against the order dated 20.3.2021, whereby the prayer for bail of the appellant in connection with a case registered under section 376 and other sections of the Indian Penal Code, sections 3(1)(r)(s) and 3(2)(va) of the SC and ST (Prevention of Atrocities) Act and sections 4 and 5 of Immoral Trafficking Act to which section 307 of the Indian Penal Code was added subsequently, was rejected.
It is submitted by learned counsel for the appellant that the earlier prayer for bail of the appellant was rejected vide order dated 21.12.2020 (Annexure-1) passed in Cr. Appeal (SJ) No. 1771 of 2020 directing the learned trial Court to expedite the trial. Inspite of the appellant being in custody since 2.3.2020
Patna High Court CR. APP (SJ) No.2446 of 2021(3) dt.29-09-2021 2/2 and having no criminal antecedent, there is no progress in the learned trial court and no chance of the trial concluding in the near future.
A report was called for from the learned trial Court. As per the report received contained in letter dated 16.9.2021 of the learned Addl. District & Sessions Judge I, Buxar, charge was framed on 10.2.2021. Due to the Covid-19 pandemic the Court was working in virtual mode. At present the Court has started working in physical /virtual mode on alternate basis. Having regard to the facts of the case together with the functioning of the Court having commenced in physical mode as well, the Court is not inclined to enlarge the appellant on bail. The appeal is rejected.
The learned trial Court is directed to expedite the trial. The appellant will be at liberty to renew his prayer for bail in case there is no substantial progress in the trial in the learned Court below within six months of the date of receipt of a copy of this order.
(Partha Sarthy, J) Spd/- U T