Diamond Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52735 of 2015 Arising Out of PS.Case No. -461 Year- 2014 Thana -GAYA MUFFSIL District- GAYA ====================================================== Diamond Yadav, Son of Raj Kumar Yadav, resident of Village - Gajadharpur Tola, Karnibagh, Police Station - Wazirganj, District - Gaya. .... .... Petitioner

Versus

The State of Bihar. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 30-01-2016 Heard learned counsel for the petitioner and learned Special Public Prosecutor for the State.

The petitioner seeks bail in connection with Mufassil P.S. Case No. 461 of 2014 registered under Sections 366-A, 376 read with 34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.

It is contended that by now six witnesses have already been examined and there is no likelihood of the trial being concluded in near future. It is further contended that during deposition the victim has not named the petitioner as the

Patna High Court Cr.Misc. No.52735 of 2015 (2) dt.30-01-2016 2 / 2 person who raped her.

Be that as it may, regard being had to the advance stage of the case as also the fact that in the statement made under Section 164 of the Code of Criminal Procedure, the victim has named the petitioner as one of the abductors and during captivity the victim was subjected to rape by co-accused Santosh and Raushan, I am not inclined to grant him bail. Accordingly, the application for bail is rejected.

The trial court is directed to expedite the trial of the case and conclude the same as early as possible. (Ashwani Kumar Singh, J.) Sanjeet/- U T