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Patna High CourtCR. MISC./40071/2018dismissed

Baiju Paswan @ Baijy Paswan v. The State Of Bihar

2018-10-09Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.40071 of 2018 (4) dt.09-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40071 of 2018 Arising Out of PS.Case No. -99 Year- 2018 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Baiju Paswan @ Baijy Paswan son of Kamakhya Paswan, resident of Village- Madhubani Ghat, P.S.- Muffasil, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2018 The petitioner seeks regular bail in connection with Motihari Muffasil P.S. Case No. 99 of 2018, registered for offences punishable under Sections 363, 365, 366 and 34 of Indian Penal Code.

Allegation against the petitioner is of kidnapping the daughter and committing rape on her.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and he has no criminal antecedent and has been in judicial custody since 16.03.2018. Learned counsel for the State opposed the prayer for bail and submitted that the girl in her statement under Section 164 Cr.P.C. has specifically named the petitioner as the person, who kidnapped and committed rape on her.

Patna High Court Cr.Misc. No.40071 of 2018 (4) dt.09-10-2018 Having heard both sides, considering the fact and circumstances of the case and the nature of allegation, I am not inclined to release the petitioner on bail.

This application for grant of regular bail is, accordingly, rejected.

(Vinod Kumar Sinha, J) sunil/- U T