Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9428 of 2023 Arising Out of PS. Case No.-38 Year-2022 Thana- MAHILA P.S. District- Sheohar ====================================================== Dharmendra Paswan Son of Naresh Paswan R/V- Maulaganj, P.S- Tariyani, Dist- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Sheohar Mahila P.S. Case No. 38 of 2022 dated 20.11.2022 registered for the offences punishable under Sections 341, 342, 323, 452, 376 and 506 of the Indian Penal Code.

3.

As per the prosecution, the informant (prosecutrix) alleged that this petitioner forcefully entered into her house on the alleged date and time and forcefully committed rape on her and also threatened her of dire consequences. 4.

The main submissions advanced by learned counsel for petitioner are that the FIR was lodged two days after the commission of alleged occurrence of rape and petitioner is not the resident of victim's village and he belongs to another village and his presence was not natural at the victim's village at the

Patna High Court CR. MISC. No.9428 of 2023(3) dt.02-05-2023 2/2 time of the commission of the alleged occurrence and the said fact casts serious doubt upon the allegation levelled in the FIR against him. Further submissions are that the victim has compromised with this petitioner and filed compromise petition before the trial Court and the petitioner has been languishing in jail since 21.11.2022 having fair and clean antecedent and he is twenty-two years old.

5.

Learned APP for the State has opposed the bail prayer of the petitioner.

6.

Considering the seriousness of the allegation appearing against the petitioner from the FIR which relates to the offence of rape and the same gets support from the victim's own statement recorded by her before the Judicial Magistrate, in my opinion, it is not a fit case for bail to the petitioner at this stage. Accordingly, his bail prayer stands rejected. 7.

The petitioner may renew his bail prayer after the examination of victim in his trial.

(Shailendra Singh, J) Shahnawaz/- U T