Sangit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3452 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -NIMCHAKBATHANI District- GAYA ====================================================== Sangit Yadav Son of Arvind Yadav, Resident of Village-Chanda Chak, Police Station-Nimchak Bathani, District-Gaya. .... .... Appellant

Versus

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

For the Appellant/s : Mr. Anil Kumar Singh, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-01-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) 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., Gaya, in connection with Nemchak Bathani Police Station Case No.95 of 2017 registered under Sections 376(D),323,379,504/34 of the Indian Penal Code and Section 3(i) (r)(s) (w) (i)(ii)(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The FIR discloses commission of Gang rape against the informant. The appellant is also alleged to have ravished her. Submission of the learned counsel for the appellant is

Patna High Court CR. APP (SJ) No.3452 of 2017 (5) dt.29-01-2018 that there is no corroboration of the allegation before the police, which would be evident from the case diary and due to enmity, false case has been filed.

Considering the seriousness of the allegation, I am not inclined to enlarge the appellant on bail. Hence, this appeal stands dismissed. The appellant is in custody since 06.10.2017. The chargesheet has already been submitted in this case. Hence, the learned Trial Court is directed to expedite the trial. (Birendra Kumar, J) Nitesh/- U T