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Patna High CourtCR. MISC./36045/2020allowed

Nawajish Imam @ Nawajis Imam v. The State Of Bihar

2021-01-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36045 of 2020 Arising Out of PS. Case No.-364 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== Nawajish Imam @ Nawajis Imam, son of Md. Amin @ Mohammad Amin, resident of Village-Jalalpur, P.S.-Basantpur, District-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-01-2021 Heard learned counsel for the parties.

The petitioner is in custody in connection with Basantpur (Lakri Naviganj) P.S. Case No. 364 of 2019 registered for the offences under Sections 366A, 506, 34 of the Indian Penal Code and Section 8 of the Protection of Children From Sexual Offences Act, 2012. Having regard to the material available on record, this Court is not inclined to grant privilege of bail to the petitioner. The prayer for bail of the petitioner is rejected.

However, the Court below is directed to expedite the trial and conclude the same preferably

Patna High Court CR. MISC. No.36045 of 2020(2) dt.27-01-2021 2/2 within a period of nine months from the date of receipt/production of a copy of this order.

The Superintendent of Police, Siwan is directed to ensure examination of prosecution witnesses as the case may be to conclude the trial within the specified period of time.

In the event, the trial is not concluded within a period of nine months despite cooperation of the petitioner, the Court below shall release the petitioner on bail and submit a report to the Registrar General of this Court.

With the aforesaid observation/direction, the petition stands rejected.

(Anil Kumar Upadhyay, J) Shageer/- U T