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Patna High CourtCR. MISC./48359/2018rejected

Md. Mojahir Ansari @ Mojahid Ansari v. The State Of Bihar

2018-12-12Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48359 of 2018 Arising Out of PS. Case No.-66 Year-2017 Thana- BAKHTIARPUR District- Saharsa ====================================================== Md. Mojahir Ansari @ Mojahid Ansari, Son of Israfil Ansari, Resident of Village- Kumharpur, P.S.- Bihariganj, District- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-12-2018 The petitioner is an accused in Bakhtiyarpur P.S. Case No. 66 of 2017 instituted for the offences under Sections 365, 366, 366(A), 376 and 120(B) of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

The petition for bail on behalf of the petitioner was earlier dismissed as withdrawn with the liberty to approach this Court again after reasonable time vide order dated 22.12.2017 passed in Cr. Misc. No. 53152 of 2017. Strengthened by the aforesaid observation, the petitioner has approached this Court again for grant of bail. This Court, on an earlier occasion, had called for a

Patna High Court Cr.Misc. No.48359 of 2018(4) dt.12-12-2018 2/2 report from the Trial Court regarding the stage of the trial. The report has since been received.

On perusal of the report, it appears that out of eight charge-sheet witnesses, five have already been examined.

For the nature of accusation against the petitioner, I am not inclined to grant bail to the petitioner for the present.

However, the Trial Court is directed to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of the present order, failing which, the petitioner will have the liberty to approach this Court again for grant of bail.

With the aforesaid observation, the application stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- U T