Patna High CourtCR. APP (SJ)/1198/2018dismissed

Sanjay Yadav v. The State Of Bihar

2018-07-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1198 of 2018 Arising Out of PS.Case No. -57 Year- 2018 Thana -SHERGHATI District- GAYA ===========================================================

1. Sanjay Yadav, Son of Saryu Yadav, Resident of Village- Tetariya, P.S.- Sherghati, District- Gaya.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Arvind Kumar Singh, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-07-2018 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 13.03.2018 by the learned Special Judge (S.C./S.T. Act), Gaya, in connection with Sherghati Police Station Case No.57 of 2018 registered under Section 376 of the Indian Penal Code and Section 3(i)w(i)(ii), 2 (v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellant is that he ravished to the informant.

I do not find any substance in the submission of the learned counsel for the appellant that subsequently a

Patna High Court CR. APP (SJ) No.1198 of 2018 dt.06-07-2018 2/2 compromise petition has been filed in this case, for the reason that offence is not compoundable. Appellant is in custody since 09.02.2018. Further submission is that allegation is not corroborated by medical evidence.

Considering the nature of allegation, I am not inclined to enlarge the appellant on bail.

Hence, prayer for bail is refused.

The learned trial court is directed to expedite the trial.

Accordingly, this appeal stands dismissed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date10.07.2018 Transmission Date 10.07.2018