Rajesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89033 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- BIRPUR District- Supaul ====================================================== Rajesh Paswan Son of Sri Jugeshwar Paswan Resident of Village- Nirmali, Ward No. 09, P.S.- Balua Bazar, P.O.- Sanskrit Nirmali, Distt.- Suapul, Bihar854339 ... ... Petitioner/s
Versus
1 .
The State of Bihar 2.
Pinki Devi Wife of Sri DukhiPaswan Resident of Village- Nirmali, Ward No. 10, P.S.- Balua Bazar, Distt.- Supaul ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrit Abhijat , Advocate Mr. Snehil Kumar , Advocate Mr. Sumit Kumar , Advocate Mr. Manoj Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Dr.Mrityunjaya Kr.Gautam , APP For OP 2 :
Mr. Mritunjay Kumar G , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 342, 323 , 376, 504 and 506 of IPC .
3 . As per the prosecution case , on the alleged date and time of occurrence , neighbour of the informant namely Rajesh Paswan (petitioner ) forcibly entered in the house of informant and committed rape upon her.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.89033 of 2024(2) dt.05-02-2025 2/2 petitioner is innocent and has falsely been implicated in this case due to political rivalry . There is delay of one month 25 days in lodging the present case which itself creates doubt over the entire prosecution case .
5 . Learned counsel for the State opposed the prayer for bail and submitted that there is specific allegation against the petitioner that he forcibly entered in house of petitioner and committed rape upon her. The victim as well as her minor daughter aged about 12 years in her statement recorded under Section 161 Cr. P C has supported the prosecution case .
6. Considering the nature of accusation and gravity of offence , prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T