Dhanraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1479 of 2020 Arising Out of PS. Case No.-8 Year-2019 Thana- SC/ST District- Nawada ====================================================== DHANRAJ KUMAR, aged about 19 years, Male, son of Shiv Dayal Prasad, R/O- Village - Mahnajitpoor, P.S. Pakarivarawan, Distt. - Nawada. ... ... Appellant
Versus
The State of Bihar ... ... Respondent ====================================================== Appearance :
For the Appellant/s :
Mr. Manoj Kumar, Advocate For the Respondent/s :
Ms. Usha Kumari, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-10-2020 Heard learned counsel for the appellant and learned counsel for the State through Virtual Court Proceeding. This is an appeal against the refusal of prayer for bail vide order dated 28.01.2020 passed by learned Additional Sessions Judge, 1st -cum- Special Judge, SC/ST Act, Nawada, in connection with Child Case No. 08 of 2019, registered under Sections 376 of the Indian Penal Code, under Section 4 of POSCO Act and under Section 3(i)W(1)(ii) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. In the present case, serious allegation has been made against the appellant that he has sexually assaulted a minor girl of 7 years. The victim girl narrated the entire story in what manner she was allured and taken away and thereafter committed sexual assault upon her.
Patna High Court CR. APP (SJ) No.1479 of 2020(3) dt.13-10-2020 2/2 Learned counsel for the appellant submits that Medical Report does not support the prosecution case. Looking to the nature of allegation as well as the statement of the victim girl, this Court is not inclined to grant bail to the appellant. Accordingly, the prayer for bail is rejected and the appeal stands dismissed. However, the Trial Court is directed to expedite the trial and conclude the same within a period of one year after restoration of normal Court proceeding. (Shivaji Pandey, J) pawan/- U T