Patna High CourtCR. APP (SJ)/1144/2018dismissed

Chandan Kumar @ Chandan Kumar Thakur v. The State Of Bihar

2018-06-25Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1144 of 2018 Arising Out of PS.Case No. -347 Year- 2017 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ===========================================================

1. Chandan Kumar @ Chandan Kumar Thakur S/o Bharath Thakur, R/o vill.- Bhagwanpur, P.S.- Pawna, District- Bhojpur at Ara. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Shambhu Nath Thakur, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-06-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned Additional Sessions Judge-I-cum-Special Judge, Rohtas at Sasaram, in connection with Sheosagar (Baddi) Police Station Case No.347 of 2017 registered under Section 376 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is of commission of sexual exploitation of the daughter of the informant on the pretext of marriage.

Patna High Court CR. APP (SJ) No.1144 of 2018 dt.25-06-2018 P2/ Submission is that the parties have entered into a compromise. A written compromise petition has been filed in Court. Considering the nature of allegation which is supported by the victim in her statement recorded under Section 164 Cr.P.C., I am not inclined to enlarge the appellant on bail. Hence, the prayer for bail is refused.

In view of the compromise the trial-court is directed to expedite the trial and conclude the same on day to day basis. Accordingly, the appeal stands rejected.

(Birendra Kumar, J) Mkr./- AFR/NAFR CAV DATE NA Uploading Date Transmission Date