Pawan Kumar vs The State Of Bihar on 30 August, 2023

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Patna High Court - Orders

Pawan Kumar vs The State Of Bihar on 30 August, 2023

Bench: Sunil Kumar Panwar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48117 of 2023
                   Arising Out of PS. Case No.-52 Year-2023 Thana- KUNDWACHAINPUR District- East
                                                        Champaran
                 ======================================================
                 Pawan Kumar Son Of Ram Prasad Sah Resident Of Village Jatwaliya Police
                 Station Kundwa Chainpur, District- East Champaran

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Shanti Kumari D/O Of Bhupendra Sah Resident Of Village- Jatwaliya, P.S.-
                 Kundwa Chainpur, District- East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Md. Anis Akhtar
                 For the Opposite Party/s :      Mr.Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
                                       ORAL ORDER

3   30-08-2023

Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 376, 506 of the Indian Penal Code and Sections 66(E), 67, 67(A) of the Information Technology Act.

It is alleged against the petitioner that he forcefully committed rape upon the informant and took the obscene picture. He thereafter committed rape Patna High Court CR. MISC. No.48117 of 2023(3) dt.30-08-2023 2/3 several times on the pretext of getting the obscene picture/video of the informant viral.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The occurrence took place on 21.03.2023 but the F.I.R was registered on 28.03.2023 without explaining the delay. The victim was medically examined and she was found aged about 20 years and no sign of recent sexual assault was found on the body of the victim. The petitioner is languishing in custody since 29.03.2023.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that the specific accusation of committing wrong is against the petitioner and the victim in her 164 Cr.P.C statement has also specifically alleged against the petitioner that he forcefully committed rape upon her. It is further submitted that victim is unmarried girl.

Patna High Court CR. MISC. No.48117 of 2023(3) dt.30-08-2023 3/3 Considering the fact that thrust of accusation is against the petitioner, this Court is not inclined to grant bail to the petitioner.

The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/-

U      T

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Patna High Court - Orders