Jitendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3008 of 2017 Arising Out of PS.Case No. -237 Year- 2017 Thana -GARKHA District- SARAN ====================================================== Jitendra Rai, son of Satrughan Rai, R/o Village- Mubarakpur, P.S.- Garkha, District- East Champaran.

.... .... Appellant

Versus

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

For the Appellant/s : Mr. Rajesh Kumar For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2017 Heard learned counsel for the appellant.

This appeal has been filed for grant of bail in connection with Garkha P.S.Case No. 237 of 2017 registered for the offences punishable under Sections 448, 341, 376, 511/34, 504, 506 of the Indian Penal Code and 3(i)(p) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 14.9.2017 passed by Special Judge, SC/ST Act, Chapra.

Allegation against the appellant is of attempting to commit rape upon the informant.

Submission of learned counsel for the appellant is that no he is next door neighbour and whole prosecution case is false and concocted and no such occurrence has taken place and he is in

Patna High Court CR. APP (SJ) No.3008 of 2017 (4) dt.22-11-2017 2/2 custody for two months.

Heard learned Special P.P. also.

Having heard both sides and in view of allegation, at this stage, I am not inclined to grant bail to the appellant. However, once charge has been framed in this case, learned trial court shall release the appellant on bail to its own satisfaction on the undertaking that appellant will co-operate in trial and appear each and every date, except showing any genuine reason.

With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) spal/- U