Nawal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7245 of 2022 Arising Out of PS. Case No.-191 Year-2020 Thana- MAHUA District- Vaishali ====================================================== NAWAL PASWAN Son of Sakindar Paswan @ Bhullu Paswan Resident of Village - Rampur Chand Gachi, Police Station - Mahua, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-03-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Mahua Police Station Case No. 191 of 2020, registered for the offences punishable under Sections 366-A/323/504/34 of the Indian Penal Code.

This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 26.03.2021, passed in Criminal Misc. No. 40228 of 2020, giving liberty to the petitioner to renew his prayer for bail after nine months from the date of the order if the trial does not show any progress.

The allegation against the petitioner, as per the First

Patna High Court CR. MISC. No.7245 of 2022(3) dt.23-03-2022 2/3 Information Report, is that he abducted the minor daughter of the informant on the pretext of marriage and forcibly performed marriage and also established physical relationship for about one month.

Learned Counsel for the petitioner submits that the petitioner has renewed his prayer for bail, as observed by this Court in the order dated 26.03.2021. He further submits that the petitioner is in custody since 15.09.2020 and the trial has not concluded as yet.

This Court, vide order, dated 16.02.2022, had called for a report from the learned Court below regarding the stage of the case and in pursuance of the said order, a report has been submitted by learned Additional Sessions Judge VI -cumSpecial Judge (POCSO), Vaishali, at Hajipur, and from perusal of the same, it would be evident that the case is fixed for framing of charge (s) and the trial is likely to be concluded within six months.

After having heard learned Counsel for the parties and taking into consideration the report of learned Additional Sessions Judge VI -cum- Special Judge (POCSO), Vaishali, at Hajipur, and the fact that the prayer for bail of the petitioner was earlier rejected on its own merits, I am not inclined to grant

Patna High Court CR. MISC. No.7245 of 2022(3) dt.23-03-2022 3/3 regular bail to the petitioner, at this stage. This application is, accordingly, dismissed.

However, the petitioner will be at liberty to renew his prayer for bail after six months from today, if the trial is not concluded within that period.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √