Vicky Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41742 of 2015 Arising Out of PS.Case No. -64 Year- 2015 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Vicky Paswan Son of Surajbhan Paswan Resident of Mohalla - Gallapatti, Police Station - Sohsarai, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Parmanand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 363 and 365 of the I.P.C Allegedly, the petitioner kidnapped the minor daughter of the informant and during investigation the victim girl was recovered and her statement was recorded under section 164 Cr. P.C. wherein she has alleged regarding her kidnapping and further that the petitioner used to commit rape with her during captivity.

Submission is of false implication and that there was love affairs between the petitioner and the victim girl resulting the

Patna High Court Cr.Misc. No.41742 of 2015 (5) dt.12-01-2016 2/2 victim girl went with the petitioner out of her own will and was living with the petitioner as his wife, she was not kidnapped, during investigation Nitish Kumaar one of son-in-law of the informant has stated that the victim girl was living with the petitioner at brick kiln where father of the petitioner was working and as such the petitioner who is suffering in custody since 27.04.2015 deserves sympathetic consideration as the doctor has found the age of the victim girl 17-18 years. The learned A.P.P. opposes prayer for bail by submitting that as per statement of the victim the petitioner has committed rape with her.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Sohsarai P.S. Case No. 64 of 2015 pending in the court of C.J.M. Nalanda at Biharsharif.

However, the trial court is directed to expedite the trial and to conclude the same as per the amended proviso of section 309 Cr. P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T