Subhan Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49320 of 2018 Arising Out of PS. Case No.-35 Year-2017 Thana- BANGAWON District- Saharsa ====================================================== Subhan Khan Son of late Habeen Khan Resident of Village- Argada, P.S. Ramgarh, District- Ramgarh (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subesh Sharma For the Opposite Party/s :

Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-11-2018 The prayer for bail of the petitioner, who has been made accused in connection with Bangaon P.S. Case No. 35 of 2017 for offences under Sections 366(A) and 376 of the Indian Penal Code and Section 4 of the POCSO Act, 2012, was earlier rejected vide order dated 04.01.2018 passed in Cr. Misc. No. 54481 of 2017.

It has been submitted on behalf of the petitioner that he is in custody since 08.05.2017 and till date, no witness has been examined. The report about the stage of the case from the court below does not specify as to when were the charges framed. The report only indicates that there are eight charge-sheet witnesses, out of whom none

Patna High Court Cr.Misc. No.49320 of 2018(5) dt.28-11-2018 2/2 have been examined till date.

Under such circumstances, the trial court is directed to conclude the trial within a period of nine months from the date of production/communication of a copy of this order, failing which the petitioner shall have a liberty to approach this Court again for grant of bail.

The petition is disposed off with the aforesaid observation.

(Ashutosh Kumar, J) skm/- U