Patna High CourtCR. MISC./18335/2015rejected

Sohan Paswan @ Bijay Paswan v. The State Of Bihar

2015-07-02Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18335 of 2015 Arising Out of PS.Case No. -237 Year- 2014 Thana -RUPAULI District- PURNIA ====================================================== Sohan Paswan @ Bijay Paswan, Son of Jai Prakash Paswan, Resident of village - Ajhokopa, P.S.- Rupauli, District - Purnea. .... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : M/s. Suraj Narain Prasad Sinha, Sr. Advocate & Bijendra Kumar Singh, Advocate.

For the State : Mr. Manoj Kumar-1(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 02-07-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Special Case No.45 of 2014, arising out of Rupauli P.S. Case No.237 of 2014, registered under Section 376 of the Indian Penal Code and Section 4 of the POSCO Act, pending in the court of 1st Additional Sessions Judge-cum-Special Judge, Purnea. The allegation is that the petitioner committed rape on Munchun Kumari, the minor daughter of the informant, Sakuni Paswan.

Learned counsel for the petitioner submits that on medical examination, no sign of rape was found on the person of the

Patna High Court Cr.Misc. No.18335 of 2015 (2) dt.02-07-2015 2/2 victim, Munchun Kumari, the minor daughter of the informant, Sakuni Paswan.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks and prayer for regular bail, which shall be considered by the trial court on its own merit without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T