Sagir Alam @ Mohammad Sagir @ Sagir Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32040 of 2015 Arising Out of PS.Case No. -40 Year- 2013 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sagir Alam @ Mohammad Sagir @ Sagir Mian Son of Tahir Mansuri of Village- Madhopur, P.S. Chiraiya, District East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. M.Dayal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail with respect to Ghorasahan P.S. Case No. 40 of 2013 registered for offences under sections 363, 364/34 of the Indian Penal Code, but the charge has been framed under section 366A I.P.C. Earlier this Court had examined the matter and rejected the bail of the petitioner looking to the attending facts, circumstances and the nature of allegation made by the lady inasmuch as and on the last date, this Court had also directed for conclusion of the trial within nine months.

As per the report of the lower Court, suggests, the action has been taken for appearance of the witnesses, but without

Patna High Court Cr.Misc. No.32040 of 2015 (5) dt.03-02-2016 2/2 any success.

Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner at present. Accordingly, this petition is dismissed. However, the court below is directed, he must ensure the conclusion of the trial within a period of six months from the date of receipt or production of a copy of this order. If it is not done by the aforesaid period, the court below must assign the reason for non-completion of the trial. The Senior Superintendent of Police, Motihari is also directed that he must ensure the production of the witnesses, otherwise it will be treated to be a contempt of Court and the necessary action will be taken against the official who is found negligent for non-production of the witnesses. This order be communicated to the Senior Superintendent of Police, Motihari, East Champaran for its compliance forthwith.

(Shivaji Pandey, J) Mahesh/- U T