Bhikho @ Bhikhari Paswan @ Vibhashan Paswan @ Bibshan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69545 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- RAJAON District- Banka ====================================================== Bhikho @ Bhikhari Paswan @ Vibhashan Paswan @ Bibshan Paswan Son Of Late Wakil Paswan @ Vakil Paswan Village- Tekni @ Tekani Po- Sanjha PsRajoun Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No.518 of 2023, arising out of Rajoun P.S. Case No. 178 of 2023, lodged on 15.04.2023, under Sections 458/380/376/34 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against four named accused persons alleging that they have entered into the house of the informant with a view to commit theft. Subsequently, upon knocking the informant and her husband became aware then the accused persons including the petitioner started assaulting and allegation of rape with the victim/informant is also there in the FIR.

Patna High Court CR. MISC. No.69545 of 2023(2) dt.01-11-2023 2/2

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that the informant and petitioners both are resident of same village and they are well acquainted to each other. Under conspiracy this case has been filed against the petitioner and others. He submits that petitioner is in custody since 01.05.2023. There is one criminal case is pending against him.

5. Learned counsel for the State opposes the prayer for bail and submits that the allegation of rape is there in the FIR. He also submits that sessions trial has also been started but charge has not been framed. .

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

7. However, the petitioner would be at liberty to renew the prayer for bail six months after framing of the charge. (Dr. Anshuman, J) Mkr./- U T