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Patna High CourtCR. MISC./49797/2021bail rejected

Raj Kamal Paswan v. The State Of Bihar

2022-01-13Mr. Justice Prabhat Kumar Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49797 of 2021 Arising Out of PS. Case No.-2 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== RAJ KAMAL PASWAN Son of Garib Paswan Resident of Village - Kumarpur, P.S.- Laraiyatand, District - Munger. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-01-2022 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in registered for the offences punishable under section 376 and other allied sections of the Indian Penal Code.

As per the prosecution case, the petitioner on the pretext of marriage, established physical relation with the victim as a result of which she gave birth to a child. Learned counsel for the petitioner submits that the victim is major aged about 19 years and out of her own will she made physical relation with the petitioner and gave birth to a child. This case has been lodged only to blackmail the petitioner. Petitioner claims clean antecedent and he is in custody since 8.1.2021.

Learned counsel for the State opposes the prayer for bail and submits that the victim in her 164 Cr.P.C. statement has supported the prosecution case.

Considering the nature of accusation against the petitioner, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T