Gaurav Kumar @ Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1464 of 2024 Arising Out of PS. Case No.-44 Year-2023 Thana- MAHILA PS District- Jehanabad ====================================================== GAURAV KUMAR @ ANKIT KUMAR S/O SUBHASH PRASAD R/O VILLAGE- LADAUYA MAKHDUMPUR, P.S- MAKHDUMPUR, DISTT.- JAHANABAD.

... ... Appellant/s

Versus

1.

THE STATE OF BIHAR BIHAR 2.

NEHA KUMARI D/O KISHORI CHAUDHARY R/O VILLAGE- UTTA MADARPUR, P.S- JAHANABAD, DISTT.- JAHANABAD.

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

For the Appellant/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.Binay Krishna For the Respondent no.2 :

Mr.Satya Ranjan Sinha Mr.Dhananjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-09-2024 Heard learned counsel for the appellant as well as learned counsel for the informant.

2. This appeal has been preferred on behalf of the appellant under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for setting aside the order dated 23.02.2024 passed by the learned Additional Sessions Judge-1-cum-Special Judge, SC/ST Act, Jehanabad in Jahanabad (Mahila) P.S. Case No. 44 of 2023, registered for the offences punishable under Section 376 of the Indian Penal Code & Section 3(i)(w)3(2)(va) of SC and ST (Prevention of

Patna High Court CR. APP (SJ) No.1464 of 2024(7) dt.23-09-2024 2/3 Atrocities) Act, whereby the prayer for bail of the appellant has been rejected.

3. The victim stated in her written report that the petitioner was a student of same coaching and at the pretext of providing her notebooks, he brought her to his quarters and committed rape upon her. When she made alarm, he fled away. The victim went to her house and narrated the entire occurrence to her family members.

4. The learned counsel for the appellant has submitted that he is innocent and has falsely been implicated in this case. As a matter of fact, the victim and her family members were making pressure on the appellant to solemnize marriage with the victim, to which he was not ready and it was the reason that the appellant has falsely been implicated in this case. The appellant is under custody since 06.01.2024.

5. On the other hand, the learned Special P.P. has opposed the prayer for bail and submitted that the victim, who belongs to a member of Scheduled Caste, was subjected to sexual assault by the petitioner. The witnesses in paragraph nos. 4 to 7 of the case diary have supported the occurrence and the doctor has also opined that sexual contact was likely to be occurred.

Patna High Court CR. APP (SJ) No.1464 of 2024(7) dt.23-09-2024 3/3

6. Considering the above-mentioned facts and circumstances, the appellant does not deserve the privilege for bail, which is hereby rejected.

(Nawneet Kumar Pandey, J) kundan/- U T