Bhim Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16694 of 2015 Arising Out of PS.Case No. -1 Year- 2013 Thana -PURNEA SADAR DistrictPURNIA ====================================================== Bhim Paswan S/o Sakaldeo Paswan Resident of Mohalla Naya Tola Basant Bag, Purnea city, P.s- Sadar, District- Purnea .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 16-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in Purnea (Sadar) P. S. Case No. 01 of 2013 registered for the offence punishable under Sections 363, 366(A) and 34 of IPC.
The prosecution case, in brief, is that minor grand daughter of the informant became traceless, when she had gone to coaching. Suspicion was raised against the other accused. During investigation the name of the petitioner has appeared. Learned counsel for the petitioner submits that the petitioner has not been named in the FIR. He has not kidnapped the victim. He has been in custody since 15.10.2014 having no criminal antecedent.
Patna High Court Cr.Misc. No.16694 of 2015 (5) dt.16-07-2015 2/2 Learned counsel for the State submits that during investigation the name of the petitioner has appeared as sole accused. The victim aged about 16 years has made statement under Section 164 Cr.P.C. that she had gone to Delhi with the petitioner and he kept her there for one month. He has also raped her.
He has further submitted that the petitioner has been absconder and after investigation charge-sheet has been submitted for the offence punishable under Sections 363, 366-A, 376 IPC. The petitioner has surrendered after execution of the process under Sections 82 and 83 Cr.P.C.
Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail at this stage. His prayer for bail is rejected.
Let the trial be expedited.
(Amaresh Kumar Lal, J) Kanchan/- U T