Deepak Kumar @ Deepak Yadav @ Deepak Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3098 of 2018 Arising Out of PS. Case No.-44 Year-2016 Thana- MAHILA P.S. District- Saharsa ====================================================== Deepak Kumar @ Deepak Yadav @ Deepak Kumar Yadav, Son of Late Devan Yadav, Resident of Village- Sugma, P.S.- Salkhua, O.P.- Banma Itarhi, District- Saharsa.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Ashok Kumar For the Respondent/s :
Smt. Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 08-10-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 03.07.2018 passed by the learned 1st Additional Sessions Judgecum-Special Judge-Incharge, Saharsa in Saharsa Mahila Police Station Case No.44 of 2016 registered under Sections 341, 323, 376, 506, 504 of the Indian Penal Code as well as Section 3(i)(r) (w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 4 of POCSO Act. Allegation against the appellant is that he ravished to the informant. The appellant is in custody since 18.05.2018. The
Patna High Court CR. APP (SJ) No.3098 of 2018 dt.08-10-2018 2/2 victim has supported the aforesaid allegation in her statement under Section 164 of the Code of Criminal Procedure. Submission is that for village politics, false allegation is there. The allegation is not corroborated by medical report. Considering the nature of allegation, I am not inclined to enlarge the appellant, above named, on bail. Accordingly, this appeal stands dismissed.
The learned trial court is directed to expedite the trial. (Birendra Kumar, J) abhishek/- AFR/NAFR CAV DATE Uploading Date Transmission Date