Patna High CourtCR. APP (SJ)/3030/2018dismissed

Dilip Kumar v. The State Of Bihar

2018-10-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3030 of 2018 Arising Out of PS.Case No. -230 Year- 2012 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ===========================================================

1. Dilip Kumar, Son of Shri Ajay Rai, resident of Village Kanti Station Tole, P.S.- Kanti, District- Muzaffarpur.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Pradhan Murli manohar Prasad, Adv Mr. Raju Kumar Goswami, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 01-10-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail vide order dated 19.07.2018 passed by the learned 11th Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Muzaffarpur, in connection with Kanti Police Station Case No.230 of 2012, registered under Sections 341/323/376/504 of the Indian Penal Code and Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Appellant allegedly ravished to the informant, a lady

Patna High Court CR. APP (SJ) No.3030 of 2018 dt.01-10-2018 P2/ aged about 25 years.

Submission of the learned counsel for the appellant is that appellant is in custody since 19.07.2018. Appellant is a student of intermediate class. There is a big difference of age between the appellant and the informant. No other eyewitness has supported the allegation except son of the informant, who was there. Medical evidence does not corroborate the aforesaid fact. The supervising authority has found the allegation untrue.

At this stage there is nothing to disbelieve the informant especially when the law is well settled that to seek for corroboration in the matter of victim of rape would amount to insult to the womanhood.

Hence, I am not inclined to enlarge the appellant on bail. The learned trial Court is directed to expedite the trial. Accordingly, the appeal stands dismissed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date04.10.2018 Transmission Date 04.10.2018