Deepak Kumar @ Deepak Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63797 of 2022 Arising Out of PS. Case No.-113 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== Deepak Kumar @ Deepak Kumar Paswan Son Of Jaldhar Paswan R/O Vill.- Dahra, P.S.- Warari Semapur, Distt.,- Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 363, 366, 376 of the Indian Penal Code.

As per allegation in the FIR, petitioner and other accused persons enticed the informant's minor daughter and kidnapped her by scorpio.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. No one is the eye witness of the occurrence. There is delay of seven days in lodging the FIR, which creates doubt in authenticity of the prosecution story. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 8.6.2022.

Patna High Court CR. MISC. No.63797 of 2022(10) dt.19-06-2023 2/2 Learned APP appearing for the State has opposed the prayer of bail and submitted that statement of the victim girl was recorded under Section 164 Cr.P.C., wherein she has made direct allegation of wrong doing against the petitioner. Having heard learned counsel for the parties and taking into consideration that there is direct allegation of committing wrong against the petitioner upon the minor girl of the informant, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected. The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U