Manish Ram @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.12 of 2022 Arising Out of PS. Case No.-4 Year-2021 Thana- MAHILA PS District- Gopalganj ====================================================== 1.
XXX S/O Mahajan Ram Resident Of Village- Jigna Gopal, Tola- Kharnahi, P.S.- Mirganj, Dist.- Gopalganj. The Petitioner No. 1 Through His Father And Natural Gurdian Mahajan Ram, Aged About 46 Years, Male, S/O Mohan Ram, Resident Of Village- Jigna Gopal, Tola- Kharnahi, P.S.- Mirganj, Dist.- Gopalganj 2.
XXX S/O Rudal Ram Resident Of Village- Jigna Gopal, Tola- Kharnahi, P.S.- Mirganj, Dist.- Gopalganj. The Petitioner No. 2 Through His Father And Natural Gardian Rudal Ram Aged A 56 Years Male S/O Jugeshwar Ram Resident Of Village- Jigna Gopal, Tola- Kharnahi, P.S.- Mirganj, Dist.- Gopalganj ... ... Petitioners
Versus
The State of Bihar ... ... Respondent ====================================================== Appearance :
For the Petitioners :
Mr.Sanjeev Kumar, Advocate For the State :
Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-07-2022 Two weeks' time is granted to learned counsel for the petitioners to comply with the previous order dated 09.03.2022 by removing the defects, failing which a cost of Rs. 1000/- shall be payable by the petitioners.
Heard Mr. Sanjeev Kumar, learned counsel for the petitioners and Mr. Nirmal Kumar Sinha, learned A.P.P. for the State.
Petitioners, in the present case, is seeking setting aside 31.08.2021 passed by the learned 1st Additional District & Sessions Judge, Gopalganj in Cr. Appeal No. 26/2021 upholding the order dated 26.07.2021 passed by Juvenile Justice Board,
Patna High Court CR. REV. No.12 of 2022(3) dt.25-07-2022 2/3 Gopalganj in J.E. No. 50/2021 arising out of Gopalganj Mahila P.S. Case No. 04/2021 registered for the offence under Sections 341/376D/354C/506 of the Indian Penal Code, Section 4/6 of the POCSO Act and Section 67/67A/67B of the I.T. Act. Having regard to the allegations and the materials available on the record, after some argument, learned counsel for the petitioners submits that he will be satisfied if this application is disposed of with a direction to the learned trial court to conclude the trial within a period of nine months as has been informed to this court vide letter no. 259 dated 30.04.2022 under the signature of Incharge, 1st Additional Sessions Judge, Gopalganj.
Mr. Nirmal Kumar Sinha, learned A.P.P. for the State has no objection to such directions.
This application is, thus, disposed of with a direction to the learned trial court to conclude the trial within a period of nine months from the date of communication of this order. If the trial still remains unconcluded for no reason attributable to the petitioners, they may renew their prayer for bail.
The Public Prosecutor as well as the Superintendent of Police, Gopalganj are expected to cooperate in early
Patna High Court CR. REV. No.12 of 2022(3) dt.25-07-2022 3/3 conclusion of the trial by producing all the witnesses on the date fixed in the matter. The learned trial court shall keep the records on shorter dates and shall not grant unnecessary adjournment to any of the parties.
This application is disposed of accordingly.
(Rajeev Ranjan Prasad, J.) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.