Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3845 of 2021 Arising Out of PS. Case No.-35 Year-2020 Thana- MAHILA P.S. District- Lakhisarai ====================================================== SUNIL KUMAR Son of Lalo Bhagat Resident of Village - Madanpur, P.S.- Kajra, District - Lakhisarai.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Binay Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State through virtual court proceeding.

This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 15.03.2021, passed by learned Additional District and Sessions Judge-VI-cum-Special Judge, Lakhisarai in connection with POCSO Case No. 29 of 2020 arising out of Mahila Thana P.S. Case No. 35 of 2020, registered under Sections 376, 120B of the IPC, Section 4 of the POCSO Act and Sections 3(i) (r) (S)/3(2)(va) of SC/ST Act but charge-sheet has been submitted under Section 376(D), 120(B) of the IPC and 4/6 of the POCSO Act and Section 3 (i)(r)(s)(w) of the SC/ST Act.

Prosecution case is that on 27.11.2020, when

Patna High Court CR. APP (SJ) No.3845 of 2021(4) dt.05-01-2022 2/2 informant's daughter was in her house in the meantime, petitioner came to her house and raped her.

It is submitted by learned counsel for the appellant that the appellant is innocent and has not committed any offence. He submits that there was love affair between the appellant and victim but family members of victim is not happy with this relation and due to pressure of her parents, victim came in support of her father. He submits that no case under SC/ST Act is made out against the appellant. He further submits that appellant has no criminal antecedent as stated in para-3 of this appeal and he is languishing in judicial custody since 28.11.2020.

Learned Spl. PP for the State opposes the prayer for bail and submits that there is specific overt act against the appellant. Considering the facts and circumstances of the case, I am not inclined to enlarge the appellant on bail. Accordingly, his prayer for bail is rejected in connection with POCSO Case No. 29 of 2020 arising out of Mahila Thana P.S. Case No. 35 of 2020 pending before the court of the learned Additional District and Sessions Judge-VI-cum-Special Judge, Lakhisarai. (Anjani Kumar Sharan, J) devendra/- U T