Munna Yadav @ Munna Bir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2988 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -SC/ST District- MUNGER ====================================================== Munna Yadav @ Munna Bir, son of Kailash Yadav, resident of village/Muhalla Sandalpur, P.S. Kasim Bazar, District Munger .... .... Appellant
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Sanjiv Kumar Singh For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard learned counsel for the appellant.
This appeal has been filed for grant of bail in connection with SC/ST P.S. Case No. 43 of 2016 registered for the offences punishable under Sections 341, 323, 354, 504, 506/34 of the Indian Penal Code and Sections 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 12.9.2017 passed by Special Judge, SC/ST Act-cum-Additional District Judge-I, Munger. Allegation against the appellant and other accused persons is of assaulting and dragging the informant in maize field and also of outraging her modesty and it further appears from the impugned order as well as paragraph-3 of the petitioner that he is accused in seven other cases.
Submission of learned counsel for the appellant is that he
Patna High Court CR. APP (SJ) No.2988 of 2017 (2) dt.17-10-2017 2/2 has falsely been implicated in this case due to land dispute and he is in custody for two months.
Heard learned Special P.P., who has opposed the prayer for bail.
Having heard both sides and in view of the allegation and criminal antecedents, I am not inclined to grant bail to the appellant.
However, once charge has been framed in this case against the appellant, learned trial court shall release the appellant on bail to its own satisfaction.
With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) spal/- U