Labu Ray @ Chhotu Ray @ Chhote Lal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1824 of 2023 Arising Out of PS. Case No.-557 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== LABU RAY @ CHHOTU RAY @ CHHOTE LAL RAY SON OF LATE RAJENDRA RAY Resident of village - Salimpur Saini, P.S. - Kahalgaon, Distt. - Bhagalpur ... ... Appellant/s

Versus

1. The State of Bihar.

2. Dodi Paswan, son of Late Hori Paswan, resident of village Salimpur Saini, P.S. Kahalgaon, District Bhagalpur.

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

For the Appellant/s :

Mr. Davendra Kumar Pandey For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State assisted by learned counsel for the respondent no.2.

2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 04.03.2023 passed by learned Additional Sessions Judge-VII-cum Special Judge POCSO Court, Bhagalpur in connection with Kahalgaon P.S. Case No. 557 of 2022 registered under Sections 376, 504 & 506/34 of the Indian Penal Code, Section 4 of the POCSO Act and Section 3(1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention

Patna High Court CR. APP (SJ) No.1824 of 2023(4) dt.13-12-2023 2/2 of Atrocities) Act.

3. It is alleged that daughter of the informant is said to have sexually assaulted by the appellant since two years and when he approached the family members of the appellant to make complain, they abused him by taking his caste name.

4. It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. He has been falsely implicated in the case due to dirty village politics. Slating the informant in the name of caste is said to have been made at the house of the appellant and not in public view, hence no offence under SC/ST Act is made out against the appellant. Appellant has no criminal antecedent.

5. Learned Spl. PP assisted by learned counsel for the respondent no.2 vehemently opposed the prayer for bail.

6. In the facts and circumstances of the case and the nature of the allegation, I am not inclined to enlarge the appellant on bail. The prayer for bail is hereby rejected.

7. Accordingly, this appeal is dismissed.

(Anjani Kumar Sharan, J) Trivedi/- U T