Madhu Kumari @ Saista Pervin @ Saista v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.815 of 2021 Arising Out of PS. Case No.-40 Year-2018 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Madhu Kumari @ Saista Pervin @ Saista Daughter of Late Vishwanath Singh @ Vishwasnath Resident of Mohalla-Choti Bazar Gudri, P.S.-Muzaffarpur Town, District-Muzaffarpur.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Md. Shahnawaz Ali For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2022 Heard learned counsel for the appellant and learned Special P.P. for the State through virtual court proceedings. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act') against the refusal of prayer of bail vide order dated 11.09.2019, passed by learned Special Judge, SC/ST Act, Muzaffarpur in connection with Muzaffarpur East Mahila P.S. Case No.40 of 2018, corresponding to Trial No.114 of 2019, registered under Sections 188, 363, 366A, 406, 409, 420, 467, 468 and 120B/34 of the Indian Penal Code and under Sections 3(i)(z) of the SC/ST Act.
By order dated 22.05.2020, the prayer for bail of the appellant was rejected with liberty that if the trial is not concluded within four months, the appellant, if so advised, may renew her
Patna High Court CR. APP (SJ) No.815 of 2021(3) dt.10-01-2022 2/2 prayer for bail. Thereafter the appellant has filed the present appeal.
By order dated 09.12.2021, a report regarding the present status and the time likely to be taken in conclusion of the trial was called for in the present case.
From perusal of the report kept at Flag 'K' sent by learned Additional District & Session Judge 3rd-cum-Spl. Court S.C./S.T. (POA) Act, Muzaffarpur, it appears that charges have been framed and the case is pending for prosecution evidence. It is also reported that out of six witnesses, no witness has been examined till date. It is requested in the report that eight months time may be granted for conclusion of the trial. Having considered facts aforesaid, the learned court below is directed to conclude the trial within eight months from the date of receipt/production of a copy of this order. Accordingly, the prayer for bail of the appellant is rejected for the present. The appeal is dismissed. (Anjani Kumar Sharan, J.) Sanjay/- U T