Patna High CourtCR. MISC./16774/2022rejected

Pappu Paswan v. The State Of Bihar

2022-08-30Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16774 of 2022 Arising Out of PS. Case No.-17 Year-2021 Thana- MAHILA P.S. District- Vaishali ====================================================== Pappu Paswan S/o Khakhan Paswan R/o village- Khajbatti, P.S.- Bidupur, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 376, 34 of the Indian Penal Code.

According to prosecution case, in brief, is that on 12.06.2021 the informant Babita Devi was returning her home from market. As soon as she reached near Jauri, Pappu Paswan with one unknown person stopped her and pulled her to Taran and raped her forcefully. The co-accused unknown person threatened her to kill her daughter. Somehow the informant managed to escape from the place of occurrence and reached her

Patna High Court CR. MISC. No.16774 of 2022(3) dt.30-08-2022 2/2 home.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. has not supported by the medical evidence.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the allegation as alleged in the F.I.R. has supported by the victim in her statement recorded under Section 164 Cr.P.C. and the medical report was conducted after 48 hours. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Hajipur Mahila P.S. Case No. 17 of 2021 pending in the court of learned Chief Judicial Magistrage, Vaishali at Hajipur.

Prayer is refused.

(Rajesh Kumar Verma, J) mdrashid/- U T