Sonu Kumar Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.28048 of 2017 (2) dt.29-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28048 of 2017 Arising Out of PS.Case No. -168 Year- 2016 Thana -JAYNAGAR District- MADHUBANI ======================================================

1. Sonu Kumar Paswan son of Sri Shivji Paswan resident of Village - Khutauna, P.S. - Khutauna, District - Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-06-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Jainagar P.S. Case No. 168 of 2016 registered under Sections363, 366A, 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the occurrence took place on 09.07.2016 whereas the first information report was drawn on 23.07.2016. Victim girl was examined by doctor who assessed her age about 17 years and further found that there is no mark of sexual harassment. Petitioner has no criminal antecedent. Petitioner is in custody since 10.11.2016.

Learned Addl. P.P. appearing for the State opposes

Patna High Court Cr.Misc. No.28048 of 2017 (2) dt.29-06-2017 the prayer for bail and submits that there is specific allegation of kidnapping and committing rape against this petitioner. Victim is a minor girl. Victim in her statement under section 164 Cr.P.C. has corroborated the prosecution case. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, I do not feel inclined to grant the privilege of bail to the petitioner. His prayer for bail is, therefore, rejected.

(Arvind Srivastava, J) Manish/- U T