Ram Babu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71960 of 2021 Arising Out of PS. Case No.-369 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== RAM BABU PASWAN S/o Yogendra Paswan @ Karu Paswan Resident of Village - Kewra Pothhi, Police Station - Punpun, P.O.- Kewra, District - Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-05-2022 Heard learned counsel for the parties.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Kadam Kuan P.S. Case No.369/2020 instituted under Section 376 of the Indian Penal Code.
The allegation in the FIR is that on 29.08.2020, at 10.30 PM, the informant was sleeping on the ground. At that time, the informant's maternal uncle entered into her room and tried to molest her. When she raised 'hulla' the accused threatened to harm her minor child. As the informant became afraid, the accused raped her. Later, when her husband came there, she narrated the story whereafter the FIR was lodged. Considering the fact that the lady has reiterated her
Patna High Court CR. MISC. No.71960 of 2021(2) dt.26-05-2022 2/2 statement under Section 164 of the Cr.P.C. supporting the prosecution story alleging rape charge on the petitioner herein with the further threatening that if he is not allowed to do so, her son will be killed.
Considering the gravity of the case as also that the charges have been framed on 05.08.2021 itself, this Court is not inclined to grant any relief to him and the bail application is hereby rejected.
The Trial court is directed to expedite the Trial and conclude the same preferably on day-to-day basis and conclude the same at an earliest.
(Rajiv Roy, J) Prakash Narayan /- U T