Patna High CourtCR. APP (SJ)/4466/2018disposed

Uday Kumar Mandal v. The State Of Bihar

2019-02-01Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4466 of 2018 Arising Out of PS. Case No.-120 Year-2017 Thana- MARAUNA District- Supaul ====================================================== Uday Kumar Mandal S/o Gangaram Mandal Resident of Village-Danapur,P.S. Marauna,Distt.-Supaul ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Durgesh Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-02-2019 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dated 23.04.2018 passed by learned Special Judge, SC/ST (POA) Act, Supaul, in connection with Marauna P.S. Case No. 120 of 2017 registered under Section 302 of the IPC and Section 3 (2) (va) of SC/ST (Prevention of Atrocities) Act. Informant in his written complaint has stated that when his sister was sleeping in the room, the appellant tried to steal the mobile kept below the pillow of his sister but she caught the appellant and also identified him, in the meantime appellant took out knife and stabbed in her stomach causing injury in her stomach and after alarm being raised by her, the appellant fled

Patna High Court CR. APP (SJ) No.4466 of 2018(6) dt.01-02-2019 2/2 away. The sister of the informant was taken to hospital for treatment but during the course of treatment she died. Considering the fact that there is direct allegation upon the appellant of inflicting knife blow on the person of the deceased, I am not inclined to enlarge the appellant on bail at this stage, hence, the prayer for bail of the appellant is hereby rejected.

However, trial court is directed to expedite the trial of the appellant and conclude the same within a period of six months. If the trial of the appellant is not concluded within the aforesaid period of six months, appellant would be at liberty to renew is prayer for bail.

(S. Kumar, J) ranjan/-manoj U