Patna High CourtCR. MISC./53583/2023rejected

Punit Paswan v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53583 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- MAHILA THANA District- Begusarai ====================================================== Punit Paswan Son Of Late Fuchar Paswan Resident Of Village - Maidababhangama, Ward No.10, P.S. - Birpur, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Mahila P.S. Case No. 11 of 2023 instituted for the offence under Sections 376 and 506 of the Indian Penal Code and Sections 4, 6 and 8 of the POCSO Act.

Allegation against the petitioner is that he committed rape with the victim girl several times resulting to her pregnancy of seven months.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.05.2023.

Patna High Court CR. MISC. No.53583 of 2023(3) dt.31-10-2023 2/2 Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that the petitioner is named in FIR. As per the statement of the victim recorded under Section 164 of the Cr.P.C. in which she specifically stated about the commission of rape several times with her against the petitioner and also the medical report of the victim shows that she is seven months pregnant. Victim is also minor as per the deposition. 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 soon as possible.

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