Binod Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3723 of 2018 Arising Out of PS. Case No.-103 Year-2018 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Binod Kumar son of Ram Chandar Mahto @ Chander Mahto Resident of village Sikandarpur P.S. Mufassil district Nawada. ... ... Appellant/s

Versus

State Of Bihar and Anr ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Hansraj For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 28-02-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Mufassil P.S.Case No.103 of 2018 , registered for offences punishable under Section 354 (A) of the Indian Penal Code and Section 3(1)(w) of SC/ST Amendment Act.. Allegation against the appellant is of outraging the modesty of the minor daughter of the informant.

Submission of the learned counsel for the appellant is that the girl has not supported the allegation in her statement under Section 164 Cr.P.C. Heard learned Spl.P.P. also, who has opposed the prayer for anticipatory bail on the ground that in her statement under Section 161 Cr.P.C. she has supported the prosecution case and statement under Section 164 Cr.P.C. was recorded after much delay.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, above named, surrender before the learned Special Judge

Patna High Court CR. APP (SJ) No.3723 of 2018 dt.28-02-2019 2/2 within a period of six weeks from the date of order and pray for regular bail, which shall be considered on the basis of materials available on the record and if possible to be disposed of on the same day.

Accordingly, this appeal is dismissed with above observation. (Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date