Sunil Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51336 of 2016 Arising Out of PS.Case No. -142 Year- 2016 Thana -KARPI District- JEHANABAD ======================================================
1. Sunil Paswan, son of Ramchandra Paswan, resident of villageKharasin, P.S.- Karpi, District Arwal. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rama Kant Singh, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP For the Informant : Dr. Kumar Uday Pratap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 19-01-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Karpi P.S. Case No.142 of 2016 instituted for the offence under Section(s) 341, 354-B, 452 Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act. It is alleged that on the date of occurrence while the Informant aged about 13 years was sleeping on the roof of the house, the petitioner at 11.30 PM came over the roof and started touching the body of the Informant and by catching hold of her breast, he started pressing and attempted to open her cloth. The Informant identified the petitioner in the light of the torch and tried to raise halla. The petitioner closed her mouth with his hand
Patna High Court Cr.Misc. No.51336 of 2016 (3) dt.19-01-2017 2/2 and slept over her body and torn her cloth. The Informant anyhow freed herself and raised hall and then her parents and villagers came.
The learned APP has submitted that the victim in her further statement and other witnesses in para 7, 8 and 9 have supported the case. The police mentioned in para 40 of the Case Diary that the date of birth of the victim is 24.03.2004. In view of the serious and direct allegation against the petitioner, this Court is not inclined to extend the privilege of anticipatory bail to the petitioner.
Prayer is rejected.
The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off on its own merit.
(Sanjay Priya, J) JA/- U T