Mungeshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1460 of 2018 Arising Out of PS.Case No. -171 Year- 2017 Thana -IMAMGANJ District- GAYA =========================================================== Mungeshwar Yadav son of late Panchu Yadav, R/o. Village-Lavavar, P.S. Kothi, District- Gaya .... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Shivendra Prasad, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-07-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail vide order dated 25.01.2018 passed by the learned Special Judge (S.C./S.T. Act), Gaya, in connection with Imamganj Police Station Case No.171 of 2017, registered under Sections 376/302 of the Indian Penal Code and Sections 3(1)(w)(i)(ii)/2(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Though in the FIR appellant is suspected to have committed rape and murder of the mother of the informant. However, case-diary would reveal that eyewitnesses have supported the fact that appellant has committed murder of the victim and when he was
Patna High Court CR. APP (SJ) No.1460 of 2018 dt.25-07-2018 P2/ fleeing after committing the crime, in presence of witness Ramashish Bharti, the appellant was apprehended by the villagers and produced before the police. The appellant is in custody since 10.10.2017. Considering the nature of allegation against the appellant and the material available on the record, I am not inclined to enlarge the appellant on bail. Hence, this appeal is dismissed as devoid of any merit.
Let the learned trial Court expedite the trial. (Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date28.07.2018 Transmission Date 28.07.2018