Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26413 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== Mukesh Paswan, aged about 19 years, Male, Son of Bhushan Paswan, Resident of Village Sitalpur, Basatpur, Kakarhata, P.S. Bidupur, District Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-04-2019 Heard both sides.

Petitioner apprehends his arrest in Bidupur P.S. Case No.6 of 2019, registered under Section 376 of the Indian Penal Code and under Section 8 of the POCSO Act.

The father of the victim alleged that while his daughter was returning her house from the shop, the petitioner dragged her to a field and put her down on the ground to outrage her modesty but on account of screaming of the girl, the persons who were passing through the road saved the victim. Learned counsel for the petitioner submits that the occurrence is said to have taken place on 03.01.2019 but the report was given to the police station on 04.01.2019. The petitioner is the next door neighbour of the victim. Police station

Patna High Court CR. MISC. No.26413 of 2019(2) dt.23-04-2019 2/2 is situated just 2 or 3 Kms. away from the place of occurrence and thus inordinate delay in lodging the case speaks a volume about the false implication of the petitioner but I find that the occurrence took place in the evening that too with a minor girl. The villagers saved the minor girl from being outraged and on the next day, the information was given to the police. There is allegation that it was petitioner who made all attempt to outrage the modesty of the victim after dragging her inside bush. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. (Prabhat Kumar Jha, J) S.KUMAR/- U T