Lalo Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2697 of 2019 In CRIMINAL MISCELLANEOUS No.15910 of 2019 Arising Out of PS. Case No.-29 Year-2018 Thana- MAHILA P.S. District- Nawada ====================================================== LALO MAHTO Son of Late Kashi Mahto Resident of Village- Jagdishpur, P.S.- Kashichak, District- Nawada.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ashok Kumar, Adv For the Respondent/s :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-02-2020 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dated 14.12.2018 in Spl (P) 65 of 2018 passed by the learned Addl. Sessions Judge, 1st -cum-Special Judge, Nawada, in connection with Mahila (Nawada) Police Station Case No.29 of 2018 registered under Sections 354(B) of the Indian Penal Code, Sections 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 8 of POCSO Act.

Allegation against the appellant is of commission of rape against a minor girl. The victim has

Patna High Court CR. APP (SJ) No.2697 of 2019(9) dt.17-02-2020 2/2 supported the allegation against the appellant. Submission is that land dispute between the parties is reason for false implication. Annexure-2 is an application brought by one Krishan Ballabh Chaudhary against the appellant and others for initiation of a proceeding under Section 144 Cr.P.C.

Considering the statement of the victim girl, I am not inclined to enlarge the appellant on bail. Hence, prayer is refused.

Learned Trial Court is directed to expedite the trial.

Accordingly, this appeal stands dismissed.

(Birendra Kumar, J) Nitesh/- U T