Kailash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14095 of 2024 Arising Out of PS. Case No.-109 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== Kailash Paswan S/O Late Ataru Paswan @ Atarup Paswan, VillageBhagirpur (Bhogipur), Ward No. 3, PS- Alamnagar, Distt.- Madhepura. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Munish Kumar, Advocate For the Opposite Party :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-05-2024 Heard Mr. Munish Kumar, the learned counsel for the petitioner and Mr. Anish Chandra, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 12.05.2022 in connection with Alamnagar PS Case No. 109 of 2022, FIR dated 05.05.2022, registered for the offence punishable under Section 376 of the Indian Penal Code. 3.

Earlier the petitioner has moved before this Hon'ble Court in Cr. Misc. No. 51943 of 2022, which was rejected vide order dated 14.03.2023.

4.

According to the prosecution case, the petitioner, under the pretext of exorcism, committed rape upon the wife of the informant.

5.

Vide order dated 27.03.2024, a report was called

Patna High Court CR. MISC. No.14095 of 2024(4) dt.10-05-2024 2/2 for with regard to the stage of the trial and report dated 06.04.2024 of the learned trial Court reveals that out of seven chargesheeted witnesses, three witnesses have already been examined.

6.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

7.

Considering the aforesaid facts and circumstances and the gravity of the allegation levelled in the FIR, supported by the victim in her statement recorded under Section 164 of the Cr.P.C., I am not inclined to enlarge the petitioner on bail in connection with Alamnagar PS Case No. 109 of 2022, pending in the Court of learned Additional Sessions Judge-I, Madhepura/Successor Court, Madhepura.

8.

Prayer is refused.

9.

However, the learned trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Shahnawaz/- U T