Anil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4308 of 2018 Arising Out of PS. Case No.-148 Year-2018 Thana- BHAWANIPUR District- Purnia ====================================================== Anil Chaudhary, S/o Awadhesh Chaudhary, resident of Village- Sapha, P.S.- Tikapatti, District- Purnea.

... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr.Mukesh Kumar Jha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-01-2019 By way of this memo of appeal, preferred under Section 14(A)(2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities )Act, 2016, appellants seek for setting aside the order dated 06.10.2018, passed in Bhawanipur P.S. Case No. 148 of 2018 for the offences punishable under Sections 376(D) of the Indian Penal Code and Section 3(1)(w) of SC/ST Act, by the learned 1st Additional Sessions Judge cum Special Judge, Purnea, whereby and whereunder, appellant's application for grant of anticipatory bail has been rejected. Allegation against the appellant is that he along with co-accused Dilkhush Kumar Mandal lifted the informant and committed rape on her.

It has been submitted on behalf of the appellant that e has falsely been implicated in this case and has falsely been

Patna High Court CR. APP (SJ) No.4308 of 2018(3) dt.02-01-2019 2/2 made accused in this case. It has further been submitted that initially the petitioner has not been named by the informant but after four days she has also named this appellant. Learned Special P.P. opposed the prayer for bail and submitted that the girl in her statement under Section 164 Cr.P.C. has named the appellant.

Having heard both sides, considering the facts and circumstances of the case and the allegation, I am not inclined to grant anticipatory bail to the appellant.

This application is accordingly dismissed.

However, if the appellant so desire may surrender and pray for regular bail and if any such application is filed, the court below shall decide the same on the merit of the case, without being prejudiced by this order.

(Vinod Kumar Sinha, J) sunilkumar/- U T