Gopal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1918 of 2021 Arising Out of PS. Case No.-279 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== GOPAL MAHTO Son of Late Palton Mahto Resident of Village - Dumari Thari, Police Station - Bounshi, District - Banka. ... ... Appellant/s

Versus

1.

THE STATE OF BIHAR.

2.

Meera Devi Prasadi Paswan R/O Village- Navtoliya, P.S.- Rajaon, Dist.- Banka.

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

For the Appellant/s :

Mr. Vikramdeo Singh, Advocate Mr. Arjun Prasad, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

Vide order dated 03.11.2021, notice was issued to respondent no.2. The office points out that respondent no.2 has died and the notice was received by husband of respondent no.2. In view of the fact aforesaid, the notice issued to respondent no.2 is treated to be validly served. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 19.12.2020, passed by learned Additional District and Sessions

Patna High Court CR. APP (SJ) No.1918 of 2021(4) dt.01-02-2023 2/2 Judge-III-cum-Special Judge, (SC/ST Act), Bhagalpur in connection with Kotwali (Barari) P.S. Case No.279 of 2019, registered under Section 376 of the Indian Penal Code and Sections 3 (2) (v) of the SC/ST Act.

The appellant is said to have committed rape with the informant.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. It is submitted that the appellant has got no criminal antecedent as stated in paragraph-3 of the memo of appeal.

Learned Special P.P. for the State opposed the prayer for anticipatory bail of the appellant.

Considering the nature of allegation made against the appellant, I am not inclined to enlarge the appellant on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the appellant is hereby rejected. (Anjani Kumar Sharan, J) S.KUMAR/- U T