Jai Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2048 of 2021 Arising Out of PS. Case No.-256 Year-2020 Thana- KALYANPUR District- East Champaran ====================================================== Jai Prakash Sah Son Of Lal Bahadur Sah R/O Village- Bahuara Horibansh, P.S- Kalyanpur, Dist- East Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Anuj Kumar, Advocate For the Respondent/s :

Mrs. Usha Kumari, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-10-2021 Heard the parties in virtual Court proceeding. 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 the learned Additional Sessions Judge VII-Cum-Special Judge (POCSO Act), East Champaran, Motihari, in connection with Kalyanpur Police Station Case No.256 of 2020, registered under Sections 341/323/504/506/34 of the Indian Penal Code, Section 4/8 of the POCSO Act and Section 3(1)(b) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is of commission of sexual assault against a minor girl. Appellant is in custody since 01.02.2021.

Patna High Court CR. APP (SJ) No.2048 of 2021(4) dt.01-10-2021 2/2 Submission is that the appellant has got no criminal antecedent and due to trivial dispute between the two neighbours false case has been lodged. Learned counsel for the appellant further submits that the parties have entered into a compromise.

At this stage the victim cannot be disbelieved. Hence, I am not inclined to enlarge the appellant on bail. Accordingly, the appeal stands rejected.

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