Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1884 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- PAKARIBARAW District- Nawada ====================================================== Birendra Kumar Son of Late Rajendra Saw Resident of Village - Shanti Nagar, Pakribarawan, P.S.- Pakribarawan, District- Nawada ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Raj Kumar For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-07-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 09.04.2019 passed by learned 1st Addl. Sessions Judgecum-Special Judge, Nawada in Pakribrawan P.S. Case No. 2 of 2019 registered under Sections 366(A)/34 of the Indian Penal Code, Section 8 of POCSO Act and Section 3(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Appellant is said to have kidnapped the minor

Patna High Court CR. APP (SJ) No.1884 of 2019(4) dt.23-07-2019 2/3 daughter of the informant in association of other accused persons.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to personal grudge and animosity. There is no specific allegation of any overt act against the appellant. He is a married person and he is not expected to commit such type of offence. The victim was recovered from the Bus stand Pakribaraw during the course of proceeding to somewhere else. He has no criminal antecedent and has been languishing in custody since 18.01.2019, hence, he may be enlarged on bail.

Per contra, learned counsel for the informant and learned Spl. P.P. for the State vehemently opposing the bail prayer of the appellant submitted that the appellant has kidnapped the minor daughter of the informant. Victim in her statement recorded under Section 164 Cr.P.C. has candidly stated that the appellant after kidnapping her took her at Delhi and kept her in a hotel for thirteen days and committed rape against her time and again.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the appellant on bail.

Patna High Court CR. APP (SJ) No.1884 of 2019(4) dt.23-07-2019 3/3 Accordingly, his prayer is rejected and this appeal is dismissed. (Prakash Chandra Jaiswal, J) rohit/- U T