Patna High CourtCR. APP (SJ)/98/2018dismissed

Sanjay Kumar Rai v. The State Of Bihar

2018-03-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.98 of 2018 Arising Out of PS.Case No. -17 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Sanjay Kumar Rai, Son of Late Jagarnath Rai, Resident of VillageKanti Kasba, Ward No.9, P.S.- Kanti, District- Muzaffarpur. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Pradeep Kumar Sinha, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-03-2018 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 the learned 1st Additional Sessions Judge-cum-Special Judge (POCSO Act), Muzaffarpur, in connection with Kanti (Muzaffarpur) Police Station Case No.17 of 2017 registered under Sections 376/504/506/34 of the Indian Penal Code, Section 4 of the POCSO Act and Sections 3(1)(r)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellant is of forceful physical relation on the pretext of marriage. The victim is informant of this case.

Patna High Court CR. APP (SJ) No.98 of 2018 (4) dt.05-03-2018 P2/ Submission is that the allegation is not corroborated by any independent evidence or medical report. The appellant is in custody since 07.09.2017.

Considering the entire facts aforesaid, I am not inclined to enlarge the appellant on bail. Hence, the prayer for bail is refused for the present. The learned trial Court is directed to expedite the trial and conclude the same within six months, failing which the appellant would be at liberty to renew the prayer for bail before the trial judge itself, who shall pass a reasoned order. Accordingly, the appeal stands dismissed.

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