Bipul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3910 of 2018 Arising Out of PS. Case No.-38 Year-2018 Thana- PIYAR District- Muzaffarpur ====================================================== Bipul Kumar, Son of Mahesh Mahto, R/o Village- Sundarpur, Ratwara, P.S.- Peear, District- Muzaffarpur.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ashok Kumar Jha, Advocate For the Respondent/s :

Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 03-12-2018 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

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 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Muzaffarpur, in connection with Peear Police Station Case No.38 of 2018, registered under Sections 341/323/376/34 of the Indian Penal Code, Sections 4/6/8 of the POCSO Act and Sections 3(i)(r)(s)(w)/3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Patna High Court CR. APP (SJ) No.3910 of 2018 dt.03-12-2018 2/2 Allegation against the appellant is that he ravished to the victim, a minor girl. The victim has supported the aforesaid allegation.

The victim cannot be disbelieved due to some exaggeration in her statement. 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 05.12.2018 Transmission Date 05.12.2018