Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21051 of 2015 Arising Out of PS.Case No. -3 Year- 2015 Thana -MAHILA PS District- AURANGABAD ====================================================== Ashok Paswan S/o Chandradeep Paswan Resident of Village Bantara, P.S. Devkund, District Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Manish Kumar No.2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-07-2015 Heard Mr. Singh for the petitioner and Mr. Pandey learned APP for the State.

The petitioner is an accused of Mahila P.S. Case No. 03 of 2015 (G.R. 07 of 2015) registered under section 376 IPC. The prosecutrix aged about 14 years has alleged that while she was going alone the petitioner pounced upon her and took to the nearby field and committed rape on her. The matter was reported to her brother and thereafter the FIR was lodged. The statement of the girl under section 164 Cr. P.C. was subsequently recorded wherein she has supported the allegation.

The contention of the petitioner is that due to land disputes the present case was lodged. The doctor medically examining the victim has not found the sign of rape. The petitioner

Patna High Court Cr.Misc. No.21051 of 2015 (2) dt.09-07-2015 2/2 is in custody since 05.03.2015.

Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. His prayer for bail is accordingly rejected. The petitioner is however granted liberty to renew his prayer in the court below itself if the trial of the case does not record adequate progress within nine months from the date of receipt/production of a copy of this order. (Kishore Kumar Mandal, J) HR/- U T