Bikram @ Vikram Pasawan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42243 of 2021 Arising Out of PS. Case No.-5 Year-2021 Thana- DUMARIYA District- Gaya ====================================================== BIKRAM @ VIKRAM PASAWAN Son of Bhikhari paswan Resident of Village - Gajradi, P.S.- Kudra , Distt.- Bhabhua (Kaimur). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Senior Advocate Mr.Nagendra Sharma For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-04-2022 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in connection with Dumariya Police Station Case No. 05 of 2021, registered for the offence punishable under Sections 363/366-A of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the daughter of the informant, aged about 16 years, had gone to the market, but did not return till late hours and upon search made by the informant, she was not traced. The First Information Report has been registered against unknown and during the course of investigation, the daughter of the informant was recovered by the police and her statement, under

Patna High Court CR. MISC. No.42243 of 2021(3) dt.21-04-2022 2/3 Section 161 of the Code of Criminal Procedure, 1973 was recorded by the police, in which the name of the petitioner transpired. The statement of the informant's daughter was also recorded under Section 164 of the Code of Criminal Procedure, 1973, in which she has stated that the petitioner has repeatedly committed rape upon her.

Learned Senior Counsel for the petitioner submits that though the victim has declared her age, in her statement, under Section 164 of the Code of Criminal Procedure, 1973, as 17 years, the doctor has assessed her age between 17 and 19 years. He further submits that except the statement of the victim girl, recorded under Sections 161 and 164 of the Code of Criminal Procedure, 1973, no other material has come against the petitioner. He further submits that the petitioner is in custody since 10.02.2021 and charge sheet has been submitted and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the statement of the victim girl, under Section 164 of the Code of Criminal Procedure, 1973, I am not inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.42243 of 2021(3) dt.21-04-2022 3/3 This application is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √