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Patna High CourtCR. APP (SJ)/399/2020dismissed

Nepali @ Bauna @ Satish v. The State Of Bihar

2020-11-11Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.399 of 2020 Arising Out of PS. Case No.-436 Year-2019 Thana- GAURICHAK District- Patna ====================================================== Nepali @ Bauna @ Satish (M), aged about 25 years, Son of Pramod Kewat Resident of Village - Rampur, P.S.- Gauri Chak, District- Patna ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Lovekush Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-11-2020 Heard Mr. Sachchidanand Choudhary, learned counsel for the appellant and Mr. Sadanand Paswan, representing the State.

The present memo of appeal has been filed against the order dated 18.12.2019 passed by Spl. Judge SC/ST Act, Patna in Spl. Case No. 528 of 2019 arising out of Gaurichak P.S. Case No. 436 of 2019 lodged under Sections 363, 365 of the I.P.C. and Sections 3(1)W(i)(ii)3(2)(v)(a) of the SC/ST Act rejecting bail of the appellant.

An allegation has been made that the victim girl was lifted by the present petitioner and, thereafter, on Hulla, the people of the locality traced her and brought to her parents' house.

The appellant is the named accused in the F.I.R.

Patna High Court CR. APP (SJ) No.399 of 2020(6) dt.11-11-2020 2/2 Before recording her statement under Section 164 Cr.P.C., some questions were put to her to which she replied properly and, only thereafter, her statement was recorded in which she has specifically taken the name of the present appellant attributing the allegation that she was carried away by the present appellant, when there was Hulla, he fled away from there. Looking to the entirety of the matter, this Court is not inclined to grant bail to the appellant.

Accordingly, the prayer for bail of the appellant, above named, is rejected for the present.

(Shivaji Pandey, J) rishi/- U T