Patna High CourtCR. MISC./47605/2024rejected

Suraj Paswan v. The State Of Bihar

2024-08-07Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47605 of 2024 Arising Out of PS. Case No.-201 Year-2023 Thana- MIRGANJ District- Purnia ====================================================== Suraj Paswan Son of Laddu Paswan Village- Pahar Tol Ward No. 1, PsMirganj, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-08-2024 Heard Mr. Jitendra Kumar Pandey, learned counsel for the petitioner and Ms. Sharda Kumari, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Mirganj P.S. Case No. 201 of 2023, F.I.R. dated 17.11.2023 for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code.

3. According to prosecution case, the daughter of the informant was abducted by this petitioner and other accused persons with intention to marrying her with the petitioner.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.47605 of 2024(2) dt.07-08-2024 2/2 petitioner has not committed any offences as alleged in the F.I.R.

5. The learned Additional Public Prosecutor on the basis of impugned order has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim was recorded under Section 164 of the Cr.P.C. in which she has categorically stated that the petitioner along with other accused persons have abducted her and this petitioner has also committed rape upon her.

6. Considering the nature of allegation and the state of the victim, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Mirganj P.S. Case No. 201 of 2023 pending in the court of Chief Judicial Magistrate, Purnea.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T