Chandan Yadav @ Chandar Kumar And ANR v. The State Of Bihar
Patna High Court CR. APP (SJ) No.2510 of 2017 (2) dt.31-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2510 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -MAHILA PS District- AURANGABAD ======================================================
1. Chandan Yadav @ Chandar Kumar, Son of Sri Raj Kumar Yadav @ Bigan Yadav.
2. Ramjit Yadav @ Ranjit Yadav, Son of Late Gumani Yadav. Both Resident of Village- Moti Bigha, Saidpur, Police Station- Haspura, DistrictAurangabad. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Uday Narayan Singh For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 The appellants seek regular bail in connection with Mahila P.S. Case No. 07 of 2017, registered for offences punishable under Sections 341, 342, 376, 307, 323 and 120B of Indian Penal Code, Section 4 of POCSO Act and Section 3 of SC/ST Act.
Allegation against the appellants is of assisting the coaccused of this case, who committed rape on the informant. It has been submitted on behalf of the appellants that allegation of committing rape on the informant is against other coaccused person of this case and at best allegation against the appellants that they assisted the co-accused of this case. Further they have been in judicial custody for last five months.
Patna High Court CR. APP (SJ) No.2510 of 2017 (2) dt.31-08-2017 Learned Special P.P. opposed the prayer for bail and submitted that the girl in her statement recorded under Section 164 Cr.P.C has named these appellant also and they have caught hold the informant allowing other co-accused to commit rape on her and further the case is also under the POCSO Act and SC/ST Act. Having heard both sides, considering the fact and circumstances of the case and nature of allegation, I am not inclined to release the appellants on bail, their appeal for regular bail is, accordingly, dismissed.
However, the trial court is directed to expedite the trial. (Vinod Kumar Sinha, J) sunil/- U T