Brij Mohan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No 412 of 2021 Arising Out of PS. Case No.-58 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== BRIJ MOHAN KUMAR YADAV Son of Amarjeet Prasad Yadav @ Amarjeet Yadav Resident of Village- Karamwa Bazar, P.S.- Sugauli, Distt- East Champaran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr Abhishek Kumar, Advocate For the Respondent/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 18-03-2021 Heard learned counsel for the appellant and the learned Special PP for the State.

2 The appellant has preferred the present Appeal under Section 14 A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, SC/ST Act) against the refusal of his prayer for regular bail vide order dated 18.03.2020 passed by Additional Sessions Judge I -cum- Special Judge, SC/ST Act, East Champaran at Motihari in a case registered under Section 376 of Indian Penal Code, Section 4 of Protection of Children from Sexual Offences Act and Sections 3 (i) (r) (w) of

Patna High Court CR. APP (SJ) No.412 of 2021 dt.18-03-2021 2/2 SC/ST Act in connection with Bairiya Police Station Case No 58 of 2019.

3 Prayer for bail was earlier rejected by this Court under order dated 20.08.2019 (Annexure 1).

4 As per report received from the trial Court, pursuant to the last order, it appears that the appellant's examination under Section 313 of Criminal Procedure Code has already been concluded and the trial is pending only for evidence on behalf of the defence.

5 In view of the advance stage of the trial, in the background of earlier rejection of prayer for bail after consideration on merits, this Court is not inclined to allow the prayer. The same is rejected.

6 Accordingly, the appeal is dismissed.

7 The trial Court is directed to expedite the trial without any undue delay or unnecessary adjournments.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.03.2021 Transmission Date 19.03.2021