Sukesh Sah @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.550 of 2021 Arising Out of PS. Case No.-418 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== SUKESH SAH @ CHHOTU Son of Raghuwar Sah, Resident of Village - Machhi, P.S. - Sakara, Dist. - Muzaffarpur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Kumari Sujata Sinha For the Respondent/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2021 Heard learned counsel for the appellant and learned Special P.P. for the State.

By way of this memo of appeal under Sections 14 (A) (2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act, 1989 appellant seeks for setting aside the order dated 16.10.2020 in connection Sakara P.S. Case No. 418/2018 and registered under Section 377 of the Indian Penal Code and later on charge sheet has been submitted under Section 8 of the POCSO Act and Sections 3 (2)(VI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) by the learned VIth Additional District and Sessions Judge cum Special Judge-POCSO-1, Muzaffarpur in B.P. No. 1356/2020.

Prosecution case in brief is that the informant has

Patna High Court CR. APP (SJ) No.550 of 2021(3) dt.23-03-2021 2/2 alleged that the appellant has committed unnatural offence with her son in the night of 17.09.2018 Vishwakarma Puja and in the morning of 18.09.2018 returned house and narrated the incident. Learned counsel for the appellant submits that the appellant is innocent and has committed no offence but has been falsely implicated in this case. There is no any offence made out against the appellant He further submits that the victim has supported the allegation in his statement recorded under Section 164 Cr.P.C. and also corroborated by the injury report. The appellant is in custody since 23.01.2020.

Learned Special P.P. for the State opposed the prayer for bail.

Considering the facts and circumstances of the case as well as that the nature and gravity of allegation, I am not inclined to enlarge the appellant on bail. Accordingly, the prayer for bail of the appellant is rejected.

Accordingly, this appeal is dismissed.

(Anjani Kumar Sharan, J) amitkumar/- U T