Patna High CourtCR. APP (SJ)/2405/2017dismissed

Mahendra Yadav v. The State Of Bihar

2017-09-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2405 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -CHANDI District- BHOJPUR ====================================================== Mahendra Yadav, Son of Sri Godhan Yadav, Resident of villageKhangaon, P.S.- Chandi, District- Bhojpur. .... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Shiv Prasad Gupta For the Respondent/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.

This appeal has been filed for grant of bail in connection with Chandi P.S.Case No. 45 of 2017 registered for the offences punishable under Sections 376, 511, 354 of the Indian Penal Code and 3(1)(xi) of SC/ST Act and for setting aside the order dated 17.7.2017 passed by 1st Additional Sessions Judge, Bhojpur, Ara. Allegation against the appellant is of attempting to commit rape upon the informant and further allegation that earlier also he has done the same thing.

Submission of learned counsel for the appellant is that victim informant has refused to go for medical examination and later on she has made the allegation of commission of rape against

Patna High Court CR. APP (SJ) No.2405 of 2017 (3) dt.19-09-2017 2/2 the appellant.

Learned Special P.P. and learned counsel for the informant have opposed the prayer for bail stating that he has criminal antecedents of similar type of cases and he is accused in two other cases, which will appear from paragraph-12 of the case diary.

Having heard both sides and in view of facts and circumstances, I am not inclined to grant bail to the petitioner and the appeal is dismissed.

However, learned trial court is directed to proceed the case expeditiously and once charge has been framed, the appellant will be at liberty to renew his prayer for bail. (Vinod Kumar Sinha, J) spal/- U