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Patna High CourtCR. MISC./35809/2020rejected

Md. Akbar Ali @ Akbar Ali v. The State Of Bihar

2021-03-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35809 of 2020 Arising Out of PS. Case No.-25 Year-2018 Thana- MAHILA PS District- Aurangabad ====================================================== Md. Akbar Ali @ Akbar Ali aged about 52 years (Male) Son of Md. Gandhi @ Kashim resident of village and P.S.- Uphara, District- Aurangabad ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shailesh Kumar Singh, Advocate For the Opposite Party :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-03-2021 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. While refusing the prayer for bail vide order dated 29.01.2020 passed in Cr. Misc. No.77023 of 2018 by this Court, the court below was directed to expedite the trial and conclude the same within a period of nine months from the date of receipt/production of a copy of the order.

Perused the report of 6th Additional District and Sessions Judge-cum-Special Exclusive Judge (POCSO), Aurangabad dated 30th of January, 2021. From the report it appears that only one formal witness is yet to be examined. The Presiding Officer of the Court joined on 10.08.2020 and as such, he prays three months' time for conclusion of the trial. In the facts and circumstances of the case, the trial

Patna High Court CR. MISC. No.35809 of 2020(3) dt.03-03-2021 2/2 court is directed to conclude the trial by 1st week of May, 2021. In the event the trial is not concluded within the aforesaid period, the court below shall release the petitioner on bail on appropriate terms and conditions and submit failure report for not following the observations made by this Court hereinabove before Registrar (Vigilance) of this Court. The application stands disposed of.

Let a copy of this order be communicated to the Registrar (Vigilance) of this Court for appropriate action. (Anil Kumar Upadhyay, J) BT/- U T