Pramod Paswan @ Pramod Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49207 of 2015 Arising Out of PS.Case No. -75 Year- 2015 Thana -KHAJAULI District- MADHUBANI ====================================================== Pramod Paswan @ Pramod Kumar Paswan Son of Shri Jugati Paswan Resident of village - Ekdara, P.S. Khajauli, District - Madhubani .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Khajouli P.S. Case No. 75 of 2015 registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code. Allegedly, the petitioner kidnapped Pinki Kumari aged 13 years, the minor daughter of the informant. During investigation victim was released and her statement was recorded under Section 164 Cr.P.C. wherein, she has stated regarding kidnapping and rape by the petitioner.
Submission is of false implication and that there was love affairs between the petitioner and the victim girl, the victim girl went out of her own free will but under pressure of her father
Patna High Court Cr.Misc. No.49207 of 2015 (4) dt.01-02-2016 2/2 gave wrong statement under Section 164 Cr.P.C., the doctor has found her age 19 years and, as such, the petitioner who is suffering in custody since 06.07.2015, deserves sympathetic consideration. The learned A.P.P. opposes the prayer of bail by submitting that the victim was kept in the house of maternal uncle of the petitioner and there petitioner established physical relation with her.
In the facts and circumstances stated above, considering the statement of the victim girl recorded under Section 164 Cr.P.C., this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) sushma/- U T