Dinesh Paswan @ Dinesh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57036 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- MAHILA P.S. District- Araria ====================================================== Dinesh Paswan @ Dinesh Kumar Paswan SON OF SUGAN LAL PASWAN @ SUGANAND PASWAN Village -Sonamani Gudam, PS- Kursakanta, District -Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shastri Kumari DAUGHTER OF SHYAM LAL PASWAN VILLAGE- Sikti Ward No. 10, Panchayat Muraripur, PS -Sikti, District -Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Ravish, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahila P.S. Case no. 15 of 2024 instituted for the offence under Sections 341, 328, 376, 504, 506, 509/34 of the Indian Penal Code.

3. As per prosecution case, petitioner is brother-in-law (devar) of the sister of the informant and he used to keep evil eyes upon the informant. When her sister was away from her house in order to visit a doctor, petitioner prepared tea and mixed intoxicated material and offered it to the informant when she was alone at house. After getting deep sleep, she was raped by the petitioner and also take her nude photographs.

Patna High Court CR. MISC. No.57036 of 2024(2) dt.04-09-2024 2/2

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Petitioner is a para-medical student and was not present at the house on the alleged date of occurrence. There is delay of about five months in lodging the FIR. He further submits that a compromise has been reached between the parties. Petitioner has got no criminal antecedent.

5. Learned APP appearing for the State has opposed the prayer of anticipatory bail of the petitioner on the ground that despite the close relative, petitioner has committed heinous crime with the informant. Victim/informant has also supported her case in her statement recorded u/s 161 and 164 Cr.P.C..

6. Considering the heinous allegation of rape against the petitioner, which is corroborated by the informant in her evidence, this Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, his prayer for grant of anticipatory bail stands rejected.

(Sunil Dutta Mishra, J) sushma/- U T