Patna High CourtCR. APP (SJ)/3593/2018dismissed

Rana Singh v. The State Of Bihar

2018-11-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3593 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- MAHILA PS District- Aurangabad ====================================================== Rana Singh S/o Late Govardhan Singh, R/o Vill.- Chiraila, P.S.- Kasma, District- Aurangabad.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Bhaskar Shankar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 05-11-2018 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 28.08.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (POCSO Act), Aurangabad, in connection with Mahila Police Station Case No.18 of 2018, registered under Sections 376/504/342 of the Indian Penal Code, Section 4 of the POCSO Act and Sections 3(1)(r)/3(1) (s)/3(1)(w)(II)/3(2)(v) of the SC/ST Act.

Allegation against the appellant is that he ravished to the informant. The informant had supported her statement in her statement under Section 164 Cr.P.C. before the Magistrate.

Patna High Court CR. APP (SJ) No.3593 of 2018 dt.05-11-2018 2/2 Learned counsel for the appellant submits that the medical report submitted by the Medical Board does not substantiate any case of commission of rape. The appellant is in custody since 18.06.2018.

Considering the nature of allegation, the victim cannot be disbelieved at this stage, I am not inclined to enlarge the appellant on bail. Hence, the prayer for bail is refused. 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 Date 08.11.2018 Transmission Date 08.11.2018