Chandan Kumar @ Chandan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.152 of 2018 Arising Out of PS.Case No. -21 Year- 2016 Thana -SC/ST District- BHOJPUR ====================================================== Chandan Kumar @ Chandan Singh, Son of Mukhdeo Singh Resident of Village- Ekauna, P.S. Udwant Nagar, District- Bhojpur(Ara). .... .... Appellant
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Bachan Jee Ojha, Adv. For the Respondent/s : Mr. Binay Krishna, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-02-2018 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 by the learned A.D.J.-I, Bhojpur (Ara), in connection with Ara SC/ST Police Station Case No.21 of 2016 registered under Sections 341, 354(B), 504, 506, 34, 342, 376(D) of the Indian Penal Code, and Section 3(I)(X)(XI)(XII) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The FIR disclosed an occurrence of Gang rape committed against a Dancer who is informant of this case. The appellant was identified by the victim. The prayer for bail is on the ground that in her deposition before the court
Patna High Court CR. APP (SJ) No.152 of 2018 (3) dt.16-02-2018 during trial, the victim has denied to have identified anyone. Considering the nature of allegation, I am not inclined to enlarge the appellant on bail.
Hence, prayer for bail is refused.
However, the learned trial court is directed to expedite the trial and conclude the same preferably within a period of six months from the date of receipt/production of a copy of this order. If the trial is not concluded within the aforesaid period, the appellant would be at liberty to renew his prayer for bail before the learned trial court who shall pass a reasoned order.
(Birendra Kumar, J) Nitesh/- U T