Diwakar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68261 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- RAJAON District- Banka ====================================================== DIWAKAR PASWAN SON OF BHIKTHI @ BHUTHI PASWAN @ JAYHIND PASWAN @ JAHINDRA PASWAN RESIDENT OF VILLAGE - TEKANI @ TEKNI, P.O. - SANJHA, POLICE STATION - RAJOUN, DISTRICT - BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suman Kumar For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is in custody since 27.04.2023 in connection with Rajoun P.S. Case No. 178 of 2023 registered for the offence punishable under Sections 458/380/376/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and other criminals committed theft and one of the gang members committed rape upon the victim.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. It is further submitted that the allegation of rape is not against the petitioner and the allegation of theft is general and omnibus.

Patna High Court CR. MISC. No.68261 of 2023(2) dt.18-10-2023 2/2

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and also the serious allegations levelled against the petitioner, this application for grant of bail is dismissed for the present. (Sandeep Kumar, J) Saif/- U T