Sunil Kumar @ Sushil Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21910 of 2024 Arising Out of PS. Case No.-62 Year-2023 Thana- BALIGAON District- Vaishali ====================================================== Sunil Kumar @ Sushil Paswan SON OF SHAMBHU PASWAN VillageKhoajpur, P.S.- Baligaon, District -Vaishali ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vasant Vikas For the Opposite Party/s :
Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Baligaon P.S. Case No. 62 of 2023 lodge on 02.06.2023 under Section 376D, 328, 34 of the Indian Penal Code and Section 6 of the POCSO Act.
3. As per the prosecution case, F.I.R. has been lodged against five named accused persons including the present petitioner against whom there is an allegation that they have committed raped upon the informant's granddaughter.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the criminal antecedent of the petitioner is clean. The petitioner is in custody since 03.06.2023. Counsel
Patna High Court CR. MISC. No.21910 of 2024(4) dt.12-07-2024 2/2 further submits that the allegation levelled against the petitioner is false and fabricated and his name has figured in this case only and only due to dirty village politics. He further submits that on earlier occasion case diary and statement under section 164 of the Cr.P.C has been called for.
5. Learned APP for the State opposes the prayer for bail and submits that victim has supported the allegation levelled against the petitioner.
6. In the present facts and circumstances of this case and the submissions made above this Court is not inclined to grant bail to the petitioner.
7. Trial Court is directed to expedite the trial. (Dr. Anshuman, J) Sunnykr/- U