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Patna High CourtCR. APP (SJ)/590/2019disposed

Manjit Yadav @ Manjit Kumar Yadav v. The State Of Bihar

2019-02-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.590 of 2019 Arising Out of PS. Case No.-77 Year-2018 Thana- SC/ST District- Rohtas ====================================================== MANJIT YADAV @ MANJIT KUMAR YADAV, Son of Ramchandra Yadav @ Ramchandra Singh Yadav, Resident of Village - Nidhua, P.S. Buxar, District Buxar ... ... Appellant

Versus

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

For the Appellant/s :

Mr. Arvind Kumar Pradhan, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 26-02-2019 This appeal is for grant of pre-arrest bail to the appellant against the order dated 18.1.2019 passed by Additional Sessions Judge-I, Rohtas, Sasaram, in A.B.P. filed by the appellant, by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellant, who has been made accused in Registered Case No. 323 of 2018, arising out of SC/ST Dehri Rohtas P.S.Case No. 77 of 2018, registered under Sections 376 and 34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Allegation against the appellant is of committing physical intercourse with the complainant on the pretext of providing job to her as Anganwari Sevika.

Submission of learned counsel for the appellant is that he has falsely been implicated because of the fact that earlier appellant has filed a case for theft of motorcycle against husband of the complainant. Further

Patna High Court CR. APP (SJ) No.590 of 2019 dt.26-02-2019 2/2 submission is that the Dy.S.P. has investigated the case and she was not ready to get her medically examined.

Heard learned Special P.P.

Having heard both sides and in the facts and circumstances, this appeal is disposed of with a direction to the appellant to surrender within a period of six weeks from the receipt of this order and pray for regular bail, which shall be considered on the basis of submission made above as well as on the basis of materials available on record and, if possible, to be disposed of on the same day.

(Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date