Raj Kishore Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68078 of 2022 Arising Out of PS. Case No.-129 Year-2022 Thana- PUNAURA District- Sitamarhi ====================================================== RAJ KISHORE PASWAN SON OF VINOD PASWAN R/O VILL.- GOVIND FANDAH, P.S.- PUNAURA, DISTT.- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Punaura P.S. Case No. 129 of 2022 registered for the offences punishable under Sections 376, 420, 120B and 34 of the Indian Penal Code and under Sections 6 and 12 of the POCSO Act. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is in custody since 10.06.2022 and came to be implicated in the present case as he is own brother of Ravi Shankar Kumar @ Bhola who is the main accused.

It is next submitted that the informant alleges that Ravi Shankar Kumar @ Bhola is a co-villager of the informant (victim) enticed her and on 01.04.2021 called her at Sitamarhi

Patna High Court CR. MISC. No.68078 of 2022(2) dt.29-04-2023 2/3 on pretext of getting her admitted in a coaching but when she reached Sitamarhi, she was taken to a room in Bihar Guest House where he forcibly committed rape and made a video, further he used to threaten the victim of making the video viral and based on that he repeatedly committed rape. It is next alleged that on 01.03.2022, all the four accused persons including the petitioner in conspiracy with each other kidnapped her and brought her in Bihar Guest House and pressurized her to solemnize marriage with Ravi Shankar Kumar @ Bhola and on her refusal, she was threatened that the video would be made viral and thereafter Ravi Shankar Kumar @ Bhola again committed rape upon her on point of knife and the video was sent on the mobile of her cousin brother Chunnu Kumar.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that victim and Ravi Shankar were in love but on account of family pressure, they could not marry and false case came to be instituted.

Patna High Court CR. MISC. No.68078 of 2022(2) dt.29-04-2023 3/3 in presence of his another brother Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Punaura P.S. Case No. 129 of 2022.

Accordingly, the present bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T