Badshah Paswan @ Baso Paswan @ Basha Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32160 of 2022 Arising Out of PS. Case No.-341 Year-2021 Thana- BALIYA District- Begusarai ====================================================== Badshah Paswan @ Baso Paswan @ Basha Paswan S/o Dilip Paswan Resident of Village- Bari Ballia, P.S.- Ballia, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajdan Bukhari, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-09-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.
The prosecution case, in brief, is that the informant Rita Devi lodged an F.I.R. stating therein that her daughter has been kidnapped by the accused petitioner and when the informant complained about the incident to the family members of the accused petitioner, they abused and assaulted the informant and also threatened her to face dire consequences.
Patna High Court CR. MISC. No.32160 of 2022(2) dt.01-09-2022 2/2 Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case due to dirty village politics. He further submits that in fact the petitioner has not committed any offence and on the basis of suspicion the name of the petitioner has been falsely implicated in the present case. The petitioner is in custody since 29.01.2022.
Learned APP for the State has vehemently opposed the prayer for bail of the petitioner and submits that the victim girl was recovered and her statement under Section 164 of the Cr. P.C. was recorded in which she has fully supported the allegation as alleged in the F.I.R. and the medical examination of the victim suggests that she is between 14 to 15 years. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Ballia P.S. Case No. 341 of 2021 pending in the Court of learned Chief Judicial Magistrate, Begusarai. Prayer is refused.
(Rajesh Kumar Verma, J) Ibrar//- U T