Indrajeet Paswan @ Indrajeet Rai @ Indrajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.7135 of 2021 Arising Out of PS. Case No.-41 Year-2020 Thana- BARABAR TOURIST District- Jehanabad ====================================================== INDRAJEET PASWAN @ INDRAJEET RAI @ INDRAJEET KUMAR S/O MITHLESH RAY @ MITHLESH PASWAN R/O VILLAGE-BHAIKH, MAKHDUMPUR (O.P), BARAWAR, PRAYATAK, DISTRICTJEHANABAD. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP For the Informant : Mr. Nityanand Neeraj, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-07-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner, learned counsel for the informant and Mr. Akhileshwar Dayal, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with POCSO Case No. 24/2020 (arising out of Barawar Prayatak P.S. Case No. 41 of 2020) registered for the offences punishable under Sections 363, 365, 506 of the Indian Penal Code and Section 4 of the POCSO Act.

Learned counsel for the petitioner submits that as per

Patna High Court CR. MISC. No.7135 of 2021(4) dt.09-07-2021 2/3 the prosecution story, on 8.6.2020 in the midnight this petitioner, Indrajeet Paswan who was the teacher of daughter of the informant, kidnapped her. It is further alleged that he took the minor daughter of the informant to his house and at about 12.00 am the accused persons committed rape on her. Learned counsel submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 17.6.2020 having no criminal antecedent.

Learned Counsel for the Informant and learned APP for the State has opposed the prayer for regular bail of the petitioner. Learned counsel for the informant submits that the trial is at fag end as only one witness has remained to be examined.

Having regard to the facts and circumstances of the case wherein the victim girl is a minor and this petitioner had allegedly established physical relationship with her on many occasions while he was going to teach her at her house, as also on finding that the trial is at fag end as informed to this Court by learned counsel for the informant, this Court is not inclined to release the petitioner on bail.

Prayer for bail thus refused.

Patna High Court CR. MISC. No.7135 of 2021(4) dt.09-07-2021 3/3 Let the trial be concluded as early as possible as only one witness has remained to be examined.

(Rajeev Ranjan Prasad, J) SUSHMA2/Sonali/ - U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.