Patna High CourtCR. MISC./68751/2023bail rejected

Ravi Paswan v. The State Of Bihar

2024-02-29Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68751 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- AUANGARI District- Nalanda ====================================================== Ravi Paswan S/O Subhash Paswan Village- Sabalpur, Ps- Aungari, DistNalanda ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Chandra, Adv.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Aungari P.S. Case No. 60 of 2023, lodged on 07.06.2023 under Section 376 of the Indian Penal Code read with section 4/6 of the POCSO Act.

3. As per the prosecution case, the FIR has been lodged against the sole petitioner with allegation that he has committed rape with the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the criminal antecedent of the petitioner is clean and he is in custody since 08.06.2023. Counsel further submits that by way of supplementary affidavit, the informant's side namely, the informant and her husband is already accused

Patna High Court CR. MISC. No.68751 of 2023(3) dt.29-02-2024 2/2 in women trafficking case.

5. Learned counsel for the petitioner submits that in the medical report, there is no support of the occurrence of rape.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that case diary as well as statement under section 164 Cr.P.C. has been called for and in the statement under section 164 Cr.P.C., the victim girl has supported the commission of crime.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Aungari P.S. Case No. 60 of 2023, pending before the learned 7th Additional Sessions Judge-cumSpecial Judge, POCSO, Nalanda at Bihar Sharif is hereby rejected.

9. Liberty is hereby granted to the petitioner that he may renew his prayer for bail one year from the date of cognizance.

(Dr. Anshuman, J.) Divyansh/- U T