Punit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27551 of 2022 Arising Out of PS. Case No.-335 Year-2021 Thana- GOPALPUR District- Patna ====================================================== Punit Paswan, Son of Chhote Paswan Resident of village - Manoharpur Kachwara, P.S.- Gopalpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Gopalpur P.S. Case No.335/2021 instituted under Sections 376,341,323,504/34 of the Indian Penal Code.

The informant who is sister of the victim girl has alleged in the FIR that her sister is mentally imbalance and is also dumb. She has alleged in the FIR that on 12.9.2021, in the night she saw that the petitioner herein opened clothes and committing rape with her sister namely, Puniya Kumari. The informant tried to caught him but he pushed her and managed to flee away. She went to the house of Punit Paswan, but instead his family members resorted to assault.

Patna High Court CR. MISC. No.27551 of 2022(2) dt.24-08-2022 2/2 There is direct allegation against the petitioner of having raped a mentally infirm and dumb girl and in this background of the fact, this Court is not inclined to grant any relief to the petitioner and the bail application is accordingly rejected.

(Rajiv Roy, J) Prakash Narayan /- U T