Patna High CourtCR. MISC./44382/2021dismissed

Zakaullah @ Abdul @ Abdul Rahman v. The State Of Bihar

2021-08-25Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44382 of 2021 Arising Out of PS. Case No.-111 Year-2019 Thana- DHAKA District- East Champaran ====================================================== Zakaullah @ Abdul @ Abdul Rahman, aged about 19 years (Gender-Male), Son of Zameer @ Md. Zamir Ahmad, resident of Village - Bahlolpur, P.S.- Dhaka, Distt.- East Champaran at Motihari.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bimal Kumar, Advocate For the State : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-08-2021 Heard learned counsel for the petitioner and learned APP for the State through video conference.

2. Learned counsel for the petitioner has filed an undertaking that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

3. The petitioner, who is in custody since 29.08.2020, has renewed his prayer for bail in connection with Dhaka P.S. Case No. 111 of 2019, having earlier been rejected by order dated 06.01.2021 passed in Criminal Miscellaneous No.

Patna High Court CR. MISC. No.44382 of 2021(2) dt.25-08-2021 2/2 32958 of 2020 for the offences alleged under Section 376 of the Indian Penal Code and under Section 4 of the POCSO Act.

4. Learned counsel for the petitioner reiterates his earlier submission to the effect that there is five days delay in lodging the F.I.R. on 09.04.2019 for the alleged occurrence of 04.04.2019.

5. Learned APP appears and has been heard.

6. Having heard learned counsel for the petitioner, in the absence of any material change in circumstance, this Court is not inclined to take a different view of the matter for grant of bail to the petitioner. The petition, accordingly, stands dismissed.

7. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para-2 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) pawan/- U T