Petitioner appellant Kidnapping case, bail rejected reconsideration prayed, court directed lower court to proceed with trial till conclusion within one year.
Prayer for bail rejected; direction to lower court to conclude trial within a year.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24274 of 2019
Arising Out of PS. Case No.-75 Year-2017 Thana- DARPA District- East Champaran
====================================================== AZIM KHAN @ AJIM KHAN Son of Maqsood Khan Resident of VillagePakariya Pathan Patti, P.S-Darpa, District-East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sharda Nand Mishra For the Opposite Party/s : Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
2 17-04-2019 Heard learned counsel for the petitioner as well as learned APP.
Considering the allegation coupled with statement of the victim under Section 164 Cr.P.C. arraying the petitioner to be her kidnapper, prayer for bail of petitioner was rejected vide order dated 19.09.2018, prayer has been revived in the background of period of custody.
Directing the learned lower court to proceed with the trial at once and will endeavour to conclude the same within a year and for that Superintendent of Police, East Champaran at Motihari is directed to procure attendance of the witnesses and on being produced, the learned lower court will proceed with the trial on day-to-day basis till its conclusion.
Patna High Court CR. MISC. No.24274 of 2019(2) dt.17-04-2019 2/2
However, there happens to be no cogent ground for
reconsideration, hence prayer for bail is rejected.
(Aditya Kumar Trivedi, J.)
Prakash Narayan U T
2 issues framed by the court
Whether the prayer for bail should be reconsidered given the period of custody.
Whether the lower court should proceed with the trial and conclude within a year.
Azim Khan @ Ajim Khan
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
