Ram Babu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9702 of 2015 Arising Out of PS.Case No. -80 Year- 2014 Thana -SINGHIYA District- SAMASTIPUR ====================================================== Ram Babu Paswan, son of Ram Bilash Paswan, resident of village - Nirpur, Bharaia, P.S. -Singhia, District - Samastipur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Mistry, Advocate For the Opposite Party/s : Mr. Nirmal Kr.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 24-04-2015 A supplementary affidavit has been filed. Let it be kept on the record.

Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks bail in Singhia P.S. Case No.80 of 2014 registered for the offence punishable under Sections 366A of the Indian Penal Code.

The allegation against the petitioner is to have enticed away the minor daughter of the informant while she had gone to school for study.

The learned counsel for the petitioner submits that the petitioner had love affairs with the alleged victim and she had also gone to Himachal Pradesh and had also given affidavit that she was major and married to the petitioner.

Patna High Court Cr.Misc. No.9702 of 2015 (2) dt.24-04-2015 2/2 The learned counsel for the State submits that the victim is a minor girl and she has also made statement under Section 164 Cr.P.C. giving vivid description as to how the petitioner enticed her away, on some pretext that she was being called by her mother who was in a meeting and believing it as true, she accompanied her, but after taking meal given by him, she became senseless and she has also stated that he has also committed her rape and on the point of threatening, she made her to sign on an affidavit. After investigation, charge sheet has already been submitted finding the case true. Considering the facts and circumstances of the case, in my opinion, the petitioner does not deserve bail. His prayer is rejected. (Amaresh Kumar Lal, J) V.K. Pandey/- U T