Alok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3331 of 2021 Arising Out of PS. Case No.-207 Year-2020 Thana- DERNI BAZAR District- Saran ====================================================== Alok Kumar Singh, S/o Pawan Singh, Resident of Village Bheldi Nawada, P.S. Bheldi, District Saran at Chapra.

... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Ajay Kumar Sharma For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2021 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act') against the refusal of prayer of bail vide order dated 13.04.2021, passed by learned 1st Additional Session Judge-cum-Special Judge SC/ST (POA) Act, Saran at Chapra in connection with Derni P.S. Case No.207 of 2020, registered under Sections 341, 323, 324, 307, 354(A), 354(B), 504, 506, 379 of the Indian Penal Code, Section 4 of the POCSO Act and Sections 3(1)(w)/3(2)(va) of the SC/ST Act.

The prosecution case, in brief, is that on 30.11.2020, when the informant went to attend the call of nature, the appellant

Patna High Court CR. APP (SJ) No.3331 of 2021(3) dt.29-11-2021 2/2 tried to outrage her modesty. The appellant torn the clothes of the victim. When the victim protested, the appellant assaulted her with fists and slaps. The appellant also assaulted the victim girl with knife on her neck, hand and shoulder due to which she sustained injuries. The appellant abused the victim girl by naming her caste and snatched her ornaments made of gold.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. The appellant is in custody since 18.03.2021 and he has got no criminal antecedent as stated in paragraph 3 of the memo of appeal.

Learned Special P.P. for the State opposed the prayer for bail of the appellant and submitted that there is specific allegation against the appellant and the injuries also support the case of the prosecution.

Having considered the facts aforesaid, I am not inclined to enlarge the appellant on bail. The prayer for bail of the appellant is rejected for the present.

The appeal is dismissed.

(Anjani Kumar Sharan, J.) Sanjay/- U T