Ashok Kumar Paswan @ Ashok Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9294 of 2021 Arising Out of PS. Case No.-17 Year-2020 Thana- MAHILA THANA District- Begusarai ====================================================== ASHOK KUMAR PASWAN @ ASHOK PASWAN, Son of Krishna Paswan, Resident of Village - Barmotra, Ward No 18, P.S. - Gardhpura, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner seeks bail in Mahila P.S. Case No.17 of 2020, registered for the offences punishable under Section 376 of the Indian Penal Code and under Section 4 of the POCSO Act.
Allegation against the petitioner is that he committed rape with the victim girl.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. There is land dispute between the parties. Petitioner is the next door neighbour of the informant. It is further submitted that the witnesses have not supported the prosecution case. The
Patna High Court CR. MISC. No.9294 of 2021(4) dt.21-10-2021 2/2 petitioner is in custody since 10.09.2020.
Learned APP for the State opposed the prayer for bail of the petitioner and submits that the doctor has found the age of the victim girl between 15 to 16 years. The statement of the victim girl has been recorded under Section 164 Cr.P.C. in which she has supported the prosecution case. Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected.
(Anjani Kumar Sharan, J) Sanjay/- U T