Sanjay Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.911 of 2018 Arising Out of PS.Case No. -190 Year- 2017 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ===========================================================
1. Sanjay Mahto, Son of Bisheshar Mahto, Resident of Village/MohallaSahbajpur, P.S.-Asthawan, District-Nalanda. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Pramod Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-05-2018 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 1st Additional Sessions Judge-cum-Special Judge, Nalanda at Bihar Sharif, in connection with Mahila Police Station Case No.190 of 2017 registered under Sections 354B/341/504/506 of the Indian Penal Code, Section 8 of the POCSO Act and Section 3(i)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The allegation against the appellant is that he attempted to ravish the informant. The act committed by the appellant is mentioned
Patna High Court CR. APP (SJ) No.911 of 2018 dt.11-05-2018 P2/ in the FIR.
Learned counsel for the appellant submits that the appellant has got no criminal antecedent. He is in custody since 18.01.2018. There is no corroboration of the statement of the victim. Considering the nature of allegation against the appellant, I am not inclined to enlarge the appellant on bail for the present. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial and conclude the same preferably within nine months, failing which the appellant would be at liberty to renew the prayer for bail before the trial judge itself, who shall pass a reasoned order.
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