Patna High CourtCR. MISC./83286/2023bail rejected

Madhu Sudhan Paswan @ Masudhan Paswan v. The State Of Bihar

2024-03-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83286 of 2023 Arising Out of PS. Case No.-300 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Madhu Sudhan Paswan @ Masudhan Paswan, S/O Kishor Paswan R/O Village- Barisawan, P.S- Shahpur, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Shahpur P.S. Case No. 300/2023, lodged on 08.07.2023 under Section 366A of the Indian Penal Code.

3. As per the prosecution case, the present FIR has been lodged against seven named accused persons including the present petitioner alleging therein that all the accused persons have kidnapped the daughter of the informant with a view to marry forcibly.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner and the informant both are adjacent neighbour and are well known to each other. The antecedent of the petitioner is clean

Patna High Court CR. MISC. No.83286 of 2023(3) dt.19-03-2024 2/2 and he is in custody since 17.07.2022. The chargesheet has been filed and the petitioner is ready to fulfill all the conditions whatever may be imposed upon him while granting bail to him.

5. Learned counsel for the State opposes the prayer for bail and submits that on earlier occasions the case diary as well as 164 of the Cr.P.C. statement has been called for. Upon perusal of 164 Cr. P.C. statement, it transpires to this Court that there is specific allegation against the petitioner that he raped the victim.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Shahpur P.S. Case No. 300 of 2023, pending before the learned CJM, Bhojpur at Ara is hereby rejected.

(Dr. Anshuman, J) Ashwini/- U T