Raju Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2852 of 2017 Arising Out of PS.Case No. -74 Year- 2016 Thana -MAHILA P.S. District- MADHUBANI ====================================================== Raju Kumar Yadav, Son of Late Ravindra Yadav, Resident of VillageChampa, P.S.- Arer, District- Madhubani. .... .... Appellant

Versus

The State of Bihar.

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

For the Appellant/s : Mr. Gagan Deo Yadav For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 Heard learned counsel for the appellant.

This appeal has been filed for grant of bail in connection with Mahila P.S. Case No. 74 of 2016, G.R.No. 44 of 2016, registered for the offences punishable under Sections 376 of the Indian Penal Code and 4 of POCSO Act, including 3(i)(xii)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 3.8.2017 passed by Additional Sessions Judge-I-cum-Special Judge, Madhubani.

Allegation against the appellant is of committing rape upon the informant and in 164 Cr.P.C. statement the girl has supported the prosecution case.

Submission of learned counsel for the appellant is that

Patna High Court CR. APP (SJ) No.2852 of 2017 (2) dt.16-10-2017 2/2 medical report does not support the prosecution case and he is in custody for more than six months.

Heard learned Special P.P., who has opposed the prayer for bail in view of allegation.

Having heard both sides and in view of the allegation, I am not inclined to grant bail to the petitioner. However, learned trial court is directed to expedite the trial and try to conclude it within a period of six months. With the above observation, this appeal is dismissed. (Vinod Kumar Sinha, J) spal/- U