Tuntun Sah vs The State Of Bihar
2021 Latest Caselaw 5297 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.3734 of 2021
   Arising Out of PS. Case No.-46 Year-2019 Thana- MAHILA P.S. District- Samastipur
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TUNTUN SAH, Son of Late Mangal Sah, Resident of Village - Devdha, P.S. - Hasanpur, Distt. - Samastipur.

... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dilip Kumar Roy, Advocate For the Respondent/s : Mr. Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-11-2021

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 (hereinafter referred to as the "SC/ST

Act") against the refusal of prayer for regular bail vide order

dated 18.08.2021 in Samastipur Mahila P.S. Case No. 46 of

2019 passed by the learned 1st Additional Sessions Judge-cum-

Special Judge, S.C./S.T. (POA) Act, Samastipur registered under

Section 376(D) of the Indian Penal Code, Sections 67, 67(A) of

the Information Technology Act,2000 as well as Sections 3(2)

(v) of the SC/ST Act.

The appellant is one of the members of the group

which committed gang rape against the informant.

In the past, prayer for bail was refused by this Patna High Court CR. APP (SJ) No.3734 of 2021 dt.17-11-2021

Court on 04.02.2020 vide order at Annexure-1 on merit.

Submission is that co-accused Sonu Kumar Singh

has been allowed bail by a Coordinate Bench of this Court on

19.03.2021. Appellant is in custody since 23.07.2019.

Aforesaid order of this Court was not brought to the

notice of the Bench which was hearing the prayer for bail of co-

accused Sonu Kumar Singh. The Coordinate Bench was

persuaded to grant bail by the fact that only material against the

accused persons was statement of the victim and her husband.

Since the victim cannot be disbelieved at this stage,

I am not inclined to enlarge the appellant on bail in connection

with the aforesaid case. This appeal against refusal of the prayer

for bail stands dismissed.

Learned Court below is directed to expedite the

trial of the case.

(Birendra Kumar, J)

Kundan/-

AFR/NAFR                N.A.
CAV DATE                N.A.
Uploading Date          18.11.2021
Transmission Date       18.11.2021