Dilip Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50652 of 2022 Arising Out of PS. Case No.-60 Year-2022 Thana- MANSI District- Khagaria ====================================================== Dilip Paswan S/O Pramod Paswan Resident Of Village- Rohiyar, P.S.- Mansi, District- Khagaria (bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishweshwar Ram For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has prayed for bail in connection with Mansi P.S. Case No. 60 of 2022 instituted for the offence under Sections 342, 363, 366(A) and 376 of the Indian Penal Code and Section 3/4 of the POCSO Act.

It is a case of abduction and commission of rape with the informant's daughter by the petitioner, when she went outside to purchase something.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case due to village politics. He has not committed this offence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in

Patna High Court CR. MISC. No.50652 of 2022(4) dt.16-03-2023 2/2 judicial custody since 24.02.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the statement of victim was recorded under Section 164 of Cr.P.C, in which she stated that the petitioner along with his family members forcefully took away her at their house and after that petitioner committed rape with the victim. She further stated that they confined her in a kothi for three days. Thereafter, her parents with the help of villagers got free her from that place where she was confined. During investigation, witness also supported the prosecution case.

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.

The trial court is directed to expedite the trial and conclude the same as early as possible.

(Sunil Kumar Panwar, J) shubham/- U T