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,
…. …. Appellant/s
The State of Bihar
…. …. Respondent/s
For the Appellant/s : Mr. Nachiketa Jha, Advocate
For the Respondent/s : Mrs. Usha Kumari No.1, SPP
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
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)
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
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)
CAV DATE NA
Uploading Date 01.08.2018