Raju Paswasn @ Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41348 of 2024 Arising Out of PS. Case No.-156 Year-2023 Thana- Banshi District- Arwal ====================================================== RAJU PASWASN @ RAJU KUMAR SON OF YOGENDRA PASWAN R/OVILLAGE- MAALI, P.S.- BANSHI, DISTT.- ARWAL ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
SURENDRA PRASAD SON OF LATE RAM PRASAD R/O- VILLAGEMAALI, P.S.- BANSHI, DISTRICT- ARWAL ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Birendra Kumar, Advocate For the State :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.
3. As per prosecution case, on 05.12.2023 at about 10 PM in night, this petitioner entered the house of informant and raped grand-daughter of informant.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case due to village politics. It is further submitted that it is highly improbable and unrealistic to enter house at night and commit such offence. Moreover, there is no
Patna High Court CR. MISC. No.41348 of 2024(4) dt.29-08-2024 2/2 eye witness of the alleged occurrence. As a matter of fact, petitioner is a student of B.A. Part I and lives in Jehanabad in a rented house. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific and direct accusation that he entered into house of informant and committed rape of minor granddaughter of informant.
6. Considering the aforesaid facts and circumstances and nature of accusation, the prayer for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J) shashank/- U T