Patna High CourtCR. MISC./17429/2017rejected

Rajiv Paswan v. The State Of Bihar

2017-07-13Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.17429 of 2017 (4) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17429 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -MAHILA PS District- BUXAR ====================================================== Rajiv Paswan, Son of Sri Nawal Kishore Paswan, Resident of MohallaChakia, Police Station- Buxar Muffasil in the District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma. For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Buxar Mahila P.S. Case No. 01 of 2017, registered under Sections 341, 323, 324, 506, 504, 448, 376 and 120B of the Indian Penal Code, pending in the court of Sub-Divisional Judicial Magistrate, Buxar.

The allegation of informant, Rupa Devi, is that on 01.01.2017, at about 1 P.M., when the daughter of the informant was alone at her house, the petitioner forcibly entered in the room of the informant, who was earlier sent to jail in Buxar Mahila P.S. Case No. 33 of 2016 lodged by her. When informant came at her house and made protest then petitioner cause assault to her and

Patna High Court Cr.Misc. No.17429 of 2017 (4) dt.13-07-2017 committed rape forcibly. The petitioner stayed in her house till 6 P.M. thereafter the petitioner left her house then she informed the police but the petitioner & his father came and assaulted her through fist and slaps.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T