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Patna High CourtCR. APP (SJ)/4876/2019dismissed

Bhushan Kumar Yadav @ Bhushan Kumar v. The State Of Bihar

2020-02-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4876 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- MAHILA P.S. District- Banka ====================================================== BHUSHAN KUMAR YADAV @ BHUSHAN KUMAR, Son of Ganga Yadav Resident of Village - Kumarkhal, P.S. - Amarpur, Distt - Banka. ... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

Rup Lekha Devi @ Rup Rekha Devi, Wife of Ajay Choudhary, Resident of Village - Kumarkhal, P.S. - Amarpur, Distt - Banka. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rajive Ranjan Singh, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 14-02-2020 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 17.09.2019 in A.B.P No. 1149 of 2019 passed by the learned 1st Additional Sessions Judge, Banka in connection with Banka Mahila P.S. Case No. 08 of 2019 registered under Sections 376, 341, 323, 504/34 of the Indian Penal Code, Section 4 of the Protection of Children from Sexual Offenses Act, 2012 as well as Sections 3(1)(r) of the SC/ST Act.

Allegation against the appellant is that he ravished to the minor daughter of the informant.

Patna High Court CR. APP (SJ) No.4876 of 2019 dt.14-02-2020 2/2 The impugned order reveals that the victim has supported the allegation in her statement under Section 164 Cr.P.C. Considering the nature of allegation, the appellant does not deserve anticipatory bail. Hence, the appeal against refusal of the prayer for anticipatory bail is dismissed. (Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 17.02.2020 Transmission Date 17.02.2020