Ranjan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23317 of 2019 Arising Out of PS. Case No.-106 Year-2018 Thana- KISHUNPUR District- Supaul ====================================================== Ranjan Paswan aged about 28 years, Male, S/o Chichay Paswan @ Dev Narayan Paswan Resident of Village- Shreepur Ward No.-12, Sukhasan (Part in Kishanpur) P.S.- Kishanpur, District- Supaul ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Kamal Kishore Singh, Advocate For the State :
Mr.Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Section 366(A)/34 of the Indian Penal Code registered in connection with Kishanpur P.S. Case No. 106 of 2018.
3. It is submitted that the petitioner has been falsely implicated and there is inordinate delay in institution of the first information report on 01.05.2018 for the alleged occurrence of 27.04.2018. The so-called victim girl has stated in her deposition recorded under Section 164 of the Cr.P.C that the petitioner along other accused persons covered her mouth with cloths and forcibly carried away. However, there is contradiction in her version as compared to the FIR wherein the informant (mother of the victim girl) has stated that the petitioner along with other persons forcibly carried away her daughter after showing pistol. The petitioner claims clean antecedents.
4. Learned APP opposes the anticipatory bail petition submitting that there is direct accusation against the petitioner notwithstanding the minor difference in versions given in the FIR by the informant as well as in her daughter's deposition. He invites
Patna High Court CR. MISC. No.23317 of 2019(2) dt.15-04-2019 2/2 reference to the order of the learned Sessions Judge, Supaul dated 09.10.2018 passed in ABP No. 1162 of 2018 noticing various paragraphs of the case diary supporting the prosecution case.
5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.
6. If the petitioner surrenders and seeks regular bail before the learned trial Court the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.
BT/- (Vikash Jain, J) U T