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Dinesh Mahto vs The State Of Bihar on 30 July, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1894 of 2018
Arising Out of PS.Case No. -220 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR)

Dinesh Mahto son of Dasrath Mahto, R/o. Village- Rambhadra, P.S. Hazipur Town,
District- Vaishali
…. …. Appellant/s
Versus
The State of Bihar
…. …. Respondent/s

Appearance :

For the Appellant/s : Mr. Nachiketa Jha, Advocate
For the Respondent/s : Mrs. Usha Kumari No.1, SPP

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date: 30-07-2018

Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

against the refusal of prayer for bail vide order dated 08.05.2018

passed by the learned Additional Sessions Judge 1st -cum-Special

Judge, Vaishali at Hajipur, in connection with Hajipur Town Police

Station Case No.220 of 2017, registered under Sections

376/498A/506/34 of the Indian Penal Code and Section 3(i)(x) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, 1989.

Allegation in the FIR is that the appellant and co-

accused allegedly committed rape against the informant. The

informant has supported the aforesaid allegation in her statement
Patna High Court CR. APP (SJ) No.1894 o f 2018 dt.30-07-2018

P2/

recorded under Section 164 Cr.P.C.

Submission of the learned counsel for the appellant is

that there is delay of four days in lodging the FIR. The allegation is

not supported by medical evidence. The appellant is in custody since

04.02.2018. The appellant has got no criminal antecedent.

Considering the nature of allegation, I am not inclined

to enlarge the appellant on bail. Hence, the prayer for bail is refused.

The learned trial Court is directed to expedite the trial and conclude

the same within nine months, failing which the appellant would be at

liberty to renew the prayer for bail before the trial judge itself, who

shall pass a reasoned order.

Accordingly, the appeal stands dismissed.

(Birendra Kumar, J)

Mkr./-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.08.2018
Transmission 01.08.2018
Date

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