Patna High CourtCR. MISC./2755/2021bail rejected

Sabir Khan v. The State Of Bihar

2021-02-17Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2755 of 2021 Arising Out of PS. Case No.-23 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== Sabir Khan, aged about years (M), Son of Tajaruddin Khan Resident of Village- Karnpura, P.S.- Siwan Muffasil, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-02-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Sessions Trial No. 119 of 2020 arising out of Daraunda P.S. Case No. 23 of 2019 registered for offences under sections 363, 366()/34 of the Indian Penal Code. This is the second attempt for bail of the petitioner. Earlier the petitioner had moved before this Court for bail in Cr. Misc. No. 84080 of 2019 and this Court vide order dated 18.12.2019 rejected the same.

The statement has been recorded by the victim girl that she was forcibly kidnapped and and the petitioner established physical relationship with her.

The report dated 28.1.2021 sent by Additional

Patna High Court CR. MISC. No.2755 of 2021(3) dt.17-02-2021 2/2 District & Sessions Judge-III, Siwan, shows that the case has been fixed for evidence of the prosecution witnesses. In view of the above, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to conclude the trial within a period of nine months from today. At the same time, the prosecution is also directed to cooperate in early disposal of the case but, this order is subject to the cooperation extended by the accused person.

(Shivaji Pandey, J) rishi/- U T