Manoj Yadav @ Manoj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3449 of 2021 Arising Out of PS. Case No.-25 Year-2019 Thana- MAHILA P.S. District- Siwan ====================================================== MANOJ YADAV @ MANOJ KUMAR YADAV S/o Hulash Yadav Resident of Village- Bal Bangra, P.S.- Daraunda, Dist- Siwan. ... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Rajeshwar Prasad For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State through virtual mode. This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 24.06.2019 passed by learned Additional Sessions Judge- 1st cum Special Judge, Siwan, in connection with Siwan Mahila P.S. Case No.25 of 2019, registered u/s 376(D) of IPC, sections 3(i)(r)(w), 3(2)(va) II of SC/ST Act and section 66(E)/67(A) of I.T. Act. Vide order dated 29.11.2021, a report was called in the present case regarding the status of trial. In compliance thereof, a report dated 09.12.2021, kept at Flag 'L' has been sent by learned ADJ VIth, Civil Court, Siwan, whereby it has been
Patna High Court CR. APP (SJ) No.3449 of 2021(4) dt.04-01-2022 2/2 submitted that the charges have been framed on 02.09.2019, altogether six prosecution witnesses have been examined, one judicial Magistrate has to be examined for which summons has been issued and that three months time is sufficient to conclude the trial.
Under the aforesaid facts and circumstances, I am not inclined to grant bail to the appellant. The prayer for bail is rejected.
Accordingly, the appeal is dismissed.
However, the learned court below is directed to conclude the trial, as expeditiously as possible, preferably, within a period of three months from the date of production of a copy of this order.
(Anjani Kumar Sharan, J) pallavi/- U T