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Patna High CourtCR. APP (SJ)/1543/2021dismissed

Madhu Yadav v. The State Of Bihar

2021-08-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1543 of 2021 Arising Out of PS. Case No.-65 Year-2020 Thana- DANDARI District- Begusarai ====================================================== Madhu Yadav Son of Late Hakaru Yadav R/o Village- Hardia, P.S.- Dandari, District- Begusarai.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Jai Prakash Singh, Advocate For the Respondent/s :

Mrs. Usha Kumari, SPP For the Informant :

Mr. Pramod Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-08-2021 Heard the parties in virtual Court proceeding. This is an appeal under Section 14(A)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned Special Judge (S.C./S.T. Act), Begusarai, in connection with Dandari Police Station Case No.65 of 2020 registered under Sections 302/307/504/506/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(i)(r)(s)/3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

According to FIR, the appellant caused fire-arm injury and death of the mother of the informant in presence of the informant. Co-accused has caused fire-arm injury to Bishomani

Patna High Court CR. APP (SJ) No.1543 of 2021(3) dt.05-08-2021 2/2 Devi, who supported the prosecution case before the police in her statement under Section 161 Cr.P.C. and she has alleged that the appellant was assailant of the mother of the informant. The doctor has found consistent fire-arm injury on the person of the mother of the informant.

Learned counsel for the appellant submits that due to village politics false implication is there.

Considering the nature of allegation and nature of material on record, 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.

Accordingly, the appeal stands dismissed.

(Birendra Kumar, J) Mkr./- U T