Dipak Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79943 of 2019 Arising Out of PS. Case No.-256 Year-2018 Thana- DESARI District- Vaishali ====================================================== DIPAK KUMAR PASWAN Son of Heman Paswan Resident of VillageSultanpur, P.S.-Desri, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-01-2020 The petitioner seeks regular bail in connection with Desari P.S. Case No. 256 of 2018, registered for offences punishable under Sections 376 of the Indian Penal code and Sections 6, 8, 10 of POCSO Act.

Allegation against the petitioner is of committing rape upon the twelve years old daughter of the informant. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and medical report does not show any sign of rape on the alleged victim girl and further no injury either external or internal has been found on the person of the girl. Petitioner has been in custody for last six months.

Learned A.P.P. opposed the prayer for bail and submitted that the witnesses during investigation as well as the

Patna High Court CR. MISC. No.79943 of 2019(3) dt.06-01-2020 2/2 victim girl in her statement recorded under Section 164 Cr.P.C. has supported the case of prosecution.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail.

This application is accordingly rejected.

(Vinod Kumar Sinha, J) sunilkumar/- U T