Patna High CourtCR. MISC./50428/2023disposed

Md. Jibrayle @ Md. Zebril @ Md Jibrayle Alam v. The State Of Bihar

2024-03-20Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50428 of 2023 Arising Out of PS. Case No.-183 Year-2021 Thana- DHORAIYA District- Banka ====================================================== MD. JIBRAYLE @ MD. ZEBRIL @ MD JIBRAYLE ALAM SON OF KHURSHID R/O-GOPICHAK, P.S.-BASANTRAY, DISTT.-GODDA (JHARKHAND) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Mohan Das For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-03-2024 Heard Mr. Brij Mohan Das, learned counsel appearing on behalf of the petitioner and Mr. Umeshanand Pandit, learned APP for the State.

2. The petitioner seeks regular bail in connection with Dhoraiya P.S. Case No. 183 of 2021 for the offence punishable under Section 366(a) of the Indian Penal Code and the petitioner stands charged for offences punishable under Section 366 of the Indian Penal Code and Section 4 of the POCSO Act.

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is in custody since 11.08.2021 and his prayer for regular bail was dismissed vide order dated 05.09.2022 passed in Cr. Misc. No. 13650 of 2022 and no witness out of six listed witnesses in chargesheet could

Patna High Court CR. MISC. No.50428 of 2023(3) dt.20-03-2024 2/2 be examined by the trial court.

4. Considering the aforesaid information as well as the report dated 07.02.2024 submitted by Additional Sessions Judge-VI cum Special Judge, POCSO, Banka, the Superintendent of Police, Banka is directed to produce all the prosecution witnesses on each and every date fixed by the trial court without fail. District Court is directed to conclude the trial expeditiously well within a period of one year taking into consideration the provision of Section 35 of the POCSO Act.

5. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U