Hira Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72723 of 2023 Arising Out of PS. Case No.-46 Year-2013 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== HIRA PASWAN SON OF RAMPRAVESH PASWAN R/O VILLAGE - ASTHANA, P.S.- SHEIKHOPUR SARAI, DISTRICT- SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and Ms. Usha Kumari 1, learned Additional Public Prosecutor for the State.

2. The petitioner is in custody since 01.08.2021 in connection with Sheikhopur Sarai P.S. Case No. 46 of 2013 registered for the offence punishable under Sections 376(D) of the Indian Penal Code Section 6 of the POCSO Act and Sections 3(i)(xii) of the SC/ST Act.

3. As per the prosecution case, the petitioner is accused of committing gang rape.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to dirty village politics. He further submits that the petitioner is not named in the F.I.R., his named surfaced in the statement of the victim. The petitioner has no criminal antecedents.

Patna High Court CR. MISC. No.72723 of 2023(2) dt.09-11-2023 2/2

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail. He has submitted that the victim is a seven years old girl.

6. Considering the facts and circumstances of the case and also the gravity of allegations levelled against the petitioner, I am not inclined to grant bail to this petitioner. It is, accordingly, dismissed.

7. The trial court is directed to expedite the trial. (Sandeep Kumar, J) Saif/- U T