Ram Bilash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58669 of 2022 Arising Out of PS. Case No.-394 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== RAM BILASH PASWAN S/O LATE GOPAL PASWAN, Resident of villageBaijnathpur, P.S.- Sahebganj District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Bela Singh For the Opposite Party/s :

Mr. J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-03-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Sahebganj P.S. Case No. 394 of 2022 registered for offence punishable under section 376 of the Indian Penal Code and sections 4/6 of the POCSO Act.

The prosecutrix is a minor girl of 14 years of age. As per allegation, the petitioner administered the victim some intoxicant and he committed rape upon her. She became pregnant. The petitioner threatened her not to disclose the fact, otherwise her marriage would not be solemnized.

The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case merely because that the father of the prosecutrix had taken money from

Patna High Court CR. MISC. No.58669 of 2022(3) dt.13-03-2023 2/2 the petitioner and the petitioner was making pressure to return his money. She has also submitted that the prosecutrix in her statement under section 164 of the Cr. PC has disclosed that the petitioner is her close relative.

On the other hand, Mr. J.N. Thakur, the learned APP by drawing my attention towards the statement of the victim under section 164 of the Cr. PC, has submitted that the victim has stated in her statement that the petitioner, who happens to be father-inlaw of the mother of the prosecutrix, administered some intoxicant in Pepsi and he committed rape upon her. After some days, the prosecutrix felt pain in her abdomen. Later on, it was detected that she was pregnant. The statement of the victim disclosed that the petitioner being grandfather in relation of the prosecutrix who is a minor girl of 14 years of age, committed rape upon her after administering some intoxicant to her.

Considering the above-mentioned facts and circumstances, in my view, the petitioner does not deserve the privilege for bail. Accordingly, his prayer for bail is rejected. It is expected that the trial should be concluded within a period of one year from the date of communication of this order. (Nawneet Kumar Pandey, J) Mahesh/- U T