Patna High CourtCR. MISC./13677/2016rejected

Jai Prakash Paswan v. The State Of Bihar

2016-04-19Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13677 of 2016 Arising Out of PS.Case No. -221 Year- 2014 Thana -AURAI District- MUZAFFARPUR ====================================================== Jai Prakash Paswan son of Dhanilal Paswan, Resident of village- Nayagaon, P.S. Aurai, District- Muzaffarpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Md. Ataur Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Aurai P.S. Case No. 221 of 2014 Tr. No. 07 of 2015 registered under sections 395/376(2)(g) of the I.P.C. and 4, 6 POSCO Act pending in the Court of Special Judge-POSCO, Muzaffarpue. The prosecution case is that in the night of 18.10.2014, petitioner including the 8 F.I.R. named accused persons entered into the house of the informant Azrun Khatoon and committed dacoity. When her husband and her daughter protested, they were also assaulted and her husband was tide with a rope in a cot and one Gopal Sahni and Pawan Paswan committed rape upon her daughter.

Patna High Court Cr.Misc. No.13677 of 2016 (2) dt.19-04-2016 2/2 Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in custody since 20.10.2014. Learned counsel for the A.P.P. opposed the prayer for the petitioner with submission that the petitioner is identified by the informant at the time of committing dacoity. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner for bail is rejected.

(Rajendra Kumar Mishra, J) Shail/- U T