Ballu Paswan @ Nitish Paswan @ Nitish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35123 of 2020 Arising Out of PS. Case No.-06 Year-2020 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== BALLU PASWAN @ NITISH PASWAN @ NITISH, son of Binod Paswan Resident of Village Pachchara, P.S. Belaon Baheri, District- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-04-2021 Heard Mr. Mukesh Kumar, learned counsel for the petitioner and Mr. Ajit Kumar, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bhabhua Mahila P. S. Case No. 06 of 2020, dated 18.02.2020, instituted for the offences under Sections 341, 323, 504, 506 and 376 of the Indian Penal Code.

The petitioner is alleged to have raped the victim women.

The learned counsel for the petitioner has submitted that an absolutely false case has been

Patna High Court CR. MISC. No.35123 of 2020(3) dt.13-04-2021 2/2 instituted against the petitioner by an elderly person because of land dispute.

By way of supplementary affidavit, the learned counsel for the petitioner has brought on record the proof of the fact that the petitioner is a student of Intermediate and considering the falsity of the accusation, even the parties have decided to settle the dispute.

These grounds do not weigh with this Court for granting anticipatory bail to the petitioner. The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the court below and seeks bail, all the above-noted grounds shall be taken into consideration and an order shall be passed, without being prejudiced by the fact that the present petition has not been entertained by this Court. (Ashutosh Kumar, J) skm/- U T