Laddu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45230 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- HARNAUT District- Nalanda ====================================================== Laddu Paswan Son Of Sato Das @ Sato Paswan R/O Village- Hasanchak Chouria, P.S.- Harnaut, District- Nalanda ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mritunjay Prasad Singh For the Opposite Party/s :
Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 376 of the Indian Penal Code and Section 4/6 of POCSO Act.
It is a case of commission of rape with the minor daughter of the informant by the petitioner.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this. Petitioner is in judicial custody since 06.01.2022. It is also submitted that there is inordinate delay of two days in lodging the F.I.R. Moreover, the medical board has also not found any
Patna High Court CR. MISC. No.45230 of 2022(3) dt.01-02-2023 2/2 kind of sexual intercourse during examination of the victim. Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that the victim is minor aged about 12 years. The medical board has also assessed the age of the victim as 1617 years. In her statement recorded under Section 164 of Cr.P.C., the victim has specifically alleged against the petitioner that he has ravished her forcefully. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
Learned trial court is directed to expedite the trial and conclude the same as early as possible.
(Sunil Kumar Panwar, J) nirajkrs/- U T