Arbind Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64875 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- CHUTIA SAHAYAK District- Rohtas ====================================================== Arbind Paswan Son of Bachchu Paswan @ Pravash Paswan Village -Tiyara Khurd, PS- Chutiya, District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ritu Kumari Daughter of Pramod Paswan Village -Tiyara Khurd, PSChutiya, District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithilesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Chutiya P.S. Case No. 27 of 2024, instituted for the offences punishable under Sections 376 (DA), 506 of the Indian Penal Code, Sections 4, 6 of the POCSO Act, Sections 3(1)(r), 3(1)(s) and 3(1)(w)(i) of SC/ST (PoA) Act.

3. The prosecution case, in short, is that, in the night, informant went to defecate and at that time the petitioner along with other co-accused persons committed rape upon her. In the meantime, brother of the informant reached at the place of occurrence and the accused persons threatened him to go away from there otherwise he will be killed.

Patna High Court CR. MISC. No.64875 of 2024(3) dt.19-11-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that there is delay of six days in lodging the FIR. During course of investigation it has also transpired that the informant had love affair with co-accused Upendra Yadav and only he has committed rape upon the informant. It is further submitted that no specific allegation has been attributed against the petitioner. The petitioner is in custody since 02.04.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is also submitted that there is direct and serious allegation against the petitioner and is also named in the FIR. On perusal of the record it transpires that the victim is minor aged about 13 years. It is further submitted that from perusal of case diary, it is evident that witnesses have supported the case of prosecution. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.64875 of 2024(3) dt.19-11-2024 3/3

7. The prayer is rejected. The trial Court is directed to expedite the Trial expeditiously.

(Rudra Prakash Mishra, J) Rajorshi/- U T