Vivekanand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71780 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- MAHILA P.S. District- Nawada ====================================================== Vivekanand Paswan Son of Amrudh Paswan @ Anirudh Paswan Resident of Khera, P.S.- Khadagpur, Dist.- Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jyoti Kumari D/O Pappu Vishwakarma R/O Vill. and P.S.- Sitamarhi, Dist.- Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-11-2024 Heard Mr. Rabindra Prasad Singh, learned counsel for the petitioner, Mrs. Renu Kumari, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Mahila P.S. Case No. 25 of 2024 instituted for the offences under Sections 376, 504 of the Indian Penal Code and Sections 4, 6 of the POCSO Act.

3. Prosecution case, in short, is that the petitioner established physical relations with the victim on the pretext of marriage.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.71780 of 2024(3) dt.21-11-2024 2/2 Learned counsel further submitted that petitioner has not committed rape upon the victim and the same is also evident from the medical report of the victim and the allegations levelled against the petitioner are false and concocted. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.07.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel further submitted that victim in her statement under Section 164 of the Cr.P.C. has supported the prosecution version.

6. Considering the aforesaid facts and circumstances of the case and the statement of the minor victim recorded under Section 164 of the Cr.P.C. this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is rejected.

8. Learned Trial Court is directed to expedite the trial. (Rudra Prakash Mishra, J) Alok Verma/- U T