Suresh Chouhan @ Suresh Prasad Chouhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.665 of 2017 Arising Out of PS.Case No. -673 Year- 2014 Thana -KHAZANIHAT District- PURNIA =========================================================== Suresh Chouhan @ Suresh Prasad Chouhan S/o. Yugeshwar Chouhan, R/o. Mohalla-J.P. Nagar, P.S. K. Hat, District- Purnea .... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Hansraj, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 19-07-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 07.09.2016 passed by the learned Sessions Judge, Purnea, in A.B.P. No.1080 of 2016/CIS No.904 of 2016, arising out of K. Hat Police Station Case No.673 of 2014, registered under Sections 354/341/504 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellant and two other accused persons is of commission of attempt to rape against the informant. Besides the informant, her daughter who was present there has also supported the allegation before the police. However, the police did
Patna High Court CR. APP (SJ) No.665 of 2017 dt.19-07-2018 P2/ not send up the appellant for trial for the reason that some independent witnesses stated that the appellant was not involved in the occurrence.
Considering the statement of the victim, in my view, it is not a fit case for anticipatory bail. Accordingly, the appeal against the refusal of anticipatory bail stands dismissed as devoid of any merit. The appellant is directed to surrender within two weeks, failing which the learned Court-below shall take coercive steps for arrest of the appellant.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date20.07.2018 Transmission Date 20.07.2018