Patna High CourtCR. MISC./77702/2023dismissed

Pyarelal Paswan v. The State Of Bihar

2024-03-19Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77702 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== PYARELAL PASWAN SON OF LATE BASAVAN PASWAN RESIDENT OF VILLAGE - DHANSARAY, PS- DURGAWATI, DISTT- KAIMUR AT BHABUA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Nandan, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-03-2024 Heard the parties.

2. The petitioner is apprehending arrest in connection with Mohania P.S. Case No. 36 of 2023 instituted under Sections 376, 342, 323, 504 and 506 of the Indian Penal Code lodged on 10.7.2023 by the informant, Chanda Devi.

3. As per the prosecution story, the lady alleged that on the pretext of making Aadhar Card, the petitioner being 'Mukhiya' bolted the room and committed rape. Thereafter, requested her not to disclose the same, provided Rs.500/- and dropped her on the G.T. Road. This followed the FIR.

4. Learned counsel for the petitioner submits that earlier a petition against the informant/family members was filed by the petitioner, the medical report does not support the

Patna High Court CR. MISC. No.77702 of 2023(3) dt.19-03-2024 2/2 case as only because, he is 'Mukhiya' has been implicated.

5. Learned APP Mr. Jitendra Kumar Singh has taken this Court to the observation of the learned Sessions Judge to show that not only she has supported the allegation in the statement made under section 164 of the Cr.P.C., the description of the room as also of she having been dropped at the G.T. Road were found to be corroborated.

6. In that background, it is appropriate that the petitioner seek bail.

7. The anticipatory bail application stands rejected. (Rajiv Roy, J) Ravi/- U T