Ayodhya Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17062 of 2020 Arising Out of PS. Case No.-160 Year-2019 Thana- KOCHAS District- Rohtas ====================================================== AYODHYA PASWAN Son of Vikrama Paswan Resident of Village - Marua, P.S.- Dinara, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Abhay Kumar, the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Kochas P.S. Case No. 160 of 2019 registered for the offence punishable under Sections 363 and 366/34 of the Indian Penal Code. The case of the prosecution in brief is that the

Patna High Court CR. MISC. No.17062 of 2020(2) dt.10-09-2020 2/3 petitioner herein had enticed the victim girl, aged about 16 years, from her house on 29.05.2019, whereafter, they had forcibly solemnized her marriage with one Pawan.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the petitioner has got no complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the statement of the victim girl made under Section 164 Cr.P.C. before the learned Magistrate, as narrated in brief in the impugned order dated 7.11.2019, it is apparent that the petitioner and others had forcibly kidnapped the victim girl and taken her to Jaipur where they had solemnized her marriage with one Pawan against her wishes and consent,

Patna High Court CR. MISC. No.17062 of 2020(2) dt.10-09-2020 3/3 hence, the complicity of the petitioner is writ large on the records and he does not deserve to be granted the privilege of anticipatory, thus, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T