Patna High CourtCR. MISC./49395/2024bail rejected

Dharbindra Nath Paswan @ Dharmindra Nath Paswan v. The State Of Bihar

2024-07-19Mr. Justice Bibek Chaudhuri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49395 of 2024 Arising Out of PS. Case No.-31 Year-2023 Thana- MAHILA PS District- Buxar ====================================================== Dharbindra Nath Paswan @ Dharmindra Nath Paswan S/O Ramdhari Ram Resident Of Village-Hanuman Nagar, P.S.- Buxar(M), District-Buxar ... ... Petitioner/s

Versus

The State of Bihar 2.

Sonam Kumari D/O Dharbindra Nath Paswan @ Dharmindra Nath Paswan R/O Village- Hanuman Nagar, P.S- Buxar (M), Distt.- Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Gupta, Adv.

For the State :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 19-07-2024 This is an application for renewal of the prayer for bail of the accused.

2. This Court vide order dated 4th December, 2023, while rejecting the application for bail filed by the petitioner, recorded that the allegation of the informant is that the accused attempted to commit rape upon his illegitimate child.

3. Considering the fact of the case that the biological father attempted to commit rape of the victim. The prayer for bail was rejected previously.

4. It is submitted by the learned Advocate for the petitioner that the petitioner is in incarceration for a period of more than one year. Out of eight charge-sheeted witnesses, four

Patna High Court CR. MISC. No.49395 of 2024(3) dt.19-07-2024 2/2 have been examined. Therefore, he should be released on bail.

5. The allegation made out against the petitioner, though disputed on the ground that the said allegation was made out to property dispute, does not permit this Court to release the accused on bail. Therefore, prayer for bail is rejected.

6. However, considering the period of incarceration of the petitioner, the trial court is directed to examine remaining four charge-sheeted witnesses within three months from the date of this order and come to a logical conclusion in respect of the charge levelled against the petitioner.

7. The instant Cr. Misc. case is accordingly disposed of.

8. Liberty is granted to the petitioner to move before the Court after expiry of three months, if the trial is not concluded.

(Bibek Chaudhuri, J) pravinkumar/- U T