Patna High CourtCR. APP (SJ)/3737/2018dismissed

Manish Kumar Singh @ Manish Singh v. The State Of Bihar

2018-11-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3737 of 2018 Arising Out of PS. Case No.-99 Year-2018 Thana- PIPRAKOTHI District- East Champaran ====================================================== Manish Kumar Singh @ Manish Singh, Son of Shankar Singh, Resident of Village- Madhubani Ghat, P.S.- Mufassil, District- East Champaran. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Radha Mohan Singh For the Respondent/s :

Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 26-11-2018 Heard learned counsel for the parties.

This is an appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 05.09.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, East Champaran, Motihari in Piprakothi Police Station Case No.99 of 2018 registered under Sections 448, 354A, 376, 511 of the Indian Penal Code as well as Section 3(iii)(xi)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 8 and 18 of the Protection of Children from Sexual Offences Act, 2012.

Allegation against the appellant is that he committed house trespass in the wee hours of night and attempted to ravish

Patna High Court CR. APP (SJ) No.3737 of 2018 dt.26-11-2018 2/2 the victim. The victim has supported the aforesaid allegation. The appellant is in custody since 08.06.2018. Investigation of the case is already complete.

Considering the nature of allegation, I am not inclined to enlarge the appellant, above named, on bail for the present. Hence, prayer is refused.

However, the appellant would be at liberty to renew the prayer before the court below itself, if the trial is not concluded within a period of six months from the date of receipt of copy of this order.

Accordingly, this appeal stands dismissed.

(Birendra Kumar, J) abhishek/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 28.11.2018 Transmission Date 28.11.2018