Mukesh Mahto @ Mukesh Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.43 of 2019 Arising Out of PS. Case No.-85 Year-2016 Thana- KASHICHAK District- Nawada ====================================================== Mukesh Mahto @ Mukesh Kumar Kushwaha Jogeshwar Mahto, Resident of village- Bhatta, P.S- Kashi Chak, Dist- Nawada. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Bhim Sen Prasad For the Respondent/s :

Smt Usha Kumari No ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 31-01-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 27.11.2018 passed by the learned Addl. Sessions Judge 1st -cum-Special Judge, Nawada in Spl. (H). Case No. 532 of 2017 arising out of Kashi Chak P.S.Case No. 85 of 2016, registered under Sections 376/34 of the Indian penal Code and Sections 3(xi)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Earlier prayer for bail of the appellant was rejected vide order dated 16.10.2017 passed in Cr. Appeal (SJ) No. 2866 of 2017. Allegation is of committing rape on the informant. Submission of learned counsel for the appellant is that appellant is in custody since 11.07.2017.

Patna High Court CR. APP (SJ) No.43 of 2019 dt.31-01-2019 2/2 Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the appellant. However, trial court is directed to expedite the trial.

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