Ranjan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.564 of 2018 Arising Out of PS.Case No. -125 Year- 2017 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================

1. Ranjan Paswan S/o Late Lallan Paswan, R/o Village- Ghuaa, P.S.- Bhagwanpur, District- Kaimur (Bhabhua).

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Dhaneshwar Prasad Gupta, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-03-2018 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 by the learned Additional Sessions Judge-I, Bhabhua, in connection with Bhagwanpur Police Station Case No.125 of 2017 registered under Sections 366A/504/506/34/376 of the Indian Penal Code and Sections 3(i)(v)/3(ii)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is that along with others he abducted to the daughter of the informant and a girl of neighbour. The victims have stated that appellant had committed rape against both.

Patna High Court CR. APP (SJ) No.564 of 2018 (3) dt.22-03-2018 P2/ Learned counsel for the appellant submits that the allegation is not substantiated by medical evidence as the doctor has not found any recent sign of physical assault on the person of the victim.

Considering the fact that the victim cannot be disbelieved at this stage, I am not inclined to enlarge the appellant on bail. Hence, the prayer for bail is refused. Accordingly, the appeal stands dismissed.

(Birendra Kumar, J) Mkr./- U T