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Patna High CourtCR. APP (SJ)/3499/2017dismissed

Mantun Jha @ Mantu Kumar Jha v. The State Of Bihar

2018-02-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3499 of 2017 Arising Out of PS.Case No. -201 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Mantun Jha @ Mantu Kumar Jha S/o Devkant Jha @ Chhotu Jha, R/o Village- Mujouna (Chandauli), P.S.- Waini O.P., District- Samastipur. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Rana Sanjay Kumar Singh, Adv. For the Respondent/s : Mr. Binay Krishna, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-02-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned 1st Additional Sessions Judge, Samastipur in connection with Tajpur (Waini O.P.) P.S.Case No. 201 of 2017 registered under Sections 376 of the Indian Penal Code and under Sections 4,8, of POCSO Act as well as Sections 3 (x) of the Scheduled Castes and Scheduled Tribes Act.

Appellant is alleged to have ravished to the daughter of the informant.

Submission is that there is no explanation for delayed information with the police after one week of the

Patna High Court CR. APP (SJ) No.3499 of 2017 (5) dt.23-02-2018 occurrence. Medical report does not corroborate the allegation and the false case has been lodged for the reason that earlier family members of the victim had taken money from the informant of this case which he was not refunding. Considering the nature of allegation against the appellant, I am not inclined to grant him anticipatory bail. Hence, prayer of anticipatory bail is refused. Accordingly, this appeal stands dismissed.

(Birendra Kumar, J) Nitesh/- U T