Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3545 of 2019 Arising Out of PS. Case No.-292 Year-2018 Thana- SAMASTIPUR GRP CASE DistrictSamastipur ====================================================== Sanjay Yadav Son of Aadi Yadav @ Kishun Yadav Resident of VillageRakshi, P.S.- Garhpura, District- Begusarai. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Nakul Kumar Jamuar For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-10-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 10.07.2019 passed by learned Special Judge, SC/ST Act, Samastipur in Rail Samastipur (Hasanpur) P.S. Case No. 292 of 2018 registered under Section 306 of the Indian Penal Code and Section 3(2)(va)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Appellant was giving tuition to the daughter of the informant for past two years and mounting pressure upon her to marry with him. He also made the persons scat who used to

Patna High Court CR. APP (SJ) No.3545 of 2019(4) dt.24-10-2019 2/3 reach his house to perform marriage with his daughter stating that he is in love with his daughter and would marry with her extending threatening of dire consequence to her would be groom. Resultantly, his daughter left tuition. He always extended threatening to his daughter to defame her in the village. Resultantly, his daughter committed suicide by jumping before the train.

It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has never given tuition to the deceased rather resides in Delhi in connection with his livelihood. As a matter of fact the deceased was given married with her brother-in-law namely, Vimal Das, whose first wife was mentally disturbed and due to aforesaid reason, the deceased suo motu committed suicide. Appellant has no criminal antecedent and has been languishing in custody since 13.02.2019.

Per contra, learned Spl. P.P. for the State opposing the bail prayer of the appellant submitted that the appellant has always used to extend threatening to the deceased and mounted pressure upon her to perform marriage with him and also created hindrance in her marriage with some other person. CDR of mobile of the victim indicates that the appellant has

Patna High Court CR. APP (SJ) No.3545 of 2019(4) dt.24-10-2019 3/3 sexually exploited the deceased and deceased has committed suicide due to aforesaid reason.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the appellant on bail. Accordingly, his prayer is rejected and this appeal is dismissed. (Prakash Chandra Jaiswal, J) rohit/- U T