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Patna High Court - Orders

Anil Yadav vs The State Of Bihar on 15 March, 2018

Author: Birendra Kumar

Bench: Birendra Kumar

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Criminal Appeal (SJ) No.27 of 2018
                    Arising Out of PS.Case No. -126 Year- 2017 Thana -SARAI District- VAISHALI(HAJIPUR)
                 ======================================================
                 1. Anil Yadav Son of Late Baidhnath Rai Resident of village- Bindpur,
                    P.S.- Mahua, District- Vaishali

                                                                                 .... ....   Appellant/s
                                                         Versus
                 1. The State of Bihar

                                                                .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s  : Ms. Anita Kumari Singh, Advocate
                 For the Respondent/s  : Mr. Binay Krishna, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
                 ORAL ORDER

5   15-03-2018

Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge-cum-Special Judge, Vaishali at Hajipur, in connection with Sarai Police Station Case No.126 of 2017 registered under Sections 376/511 of the Indian Penal Code, Sections 8/18 of the POCSO Act and Section 3(i)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is that he ravished to the daughter of the informant. The victim girl has supported the allegation against the appellant before police. Patna High Court CR. APP (SJ) No.27 of 2018 (5) dt.15-03-2018

P2/ Submission is false implication due to village politics. The appellant is in custody since 25.07.2017 and has stated on oath that he has got no criminal antecedent.

Considering the nature of offence, I am not inclined to enlarge the appellant on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial and conclude the same within nine months without giving any unnecessary adjournment or long adjournment to any of the parties.

Accordingly, the appeal stands dismissed.

(Birendra Kumar, J) Mkr./-

U      T