In bail proceedings, the bench held that given the direct allegation that the petitioner raped a mentally infirm and dumb girl, no relief could be granted and the application was rejected.
Bail application rejected; petitioner to remain in judicial custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27551 of 2022
Arising Out of PS. Case No.-335 Year-2021 Thana- GOPALPUR District- Patna
======================================================
Punit Paswan, Son of Chhote Paswan Resident of village - Manoharpur Kachwara, P.S.- Gopalpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar, Adv. For the Opposite Party/s : Mr.Md. Fahimuddin, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
Heard learned counsel for the petitioner and the
learned APP for the State.
Let the defect(s) be removed within four weeks of the
complete start of the physical Court in normal course.
The petitioner is in judicial custody in connection with Gopalpur P.S. Case No.335/2021 instituted under Sections 376,341,323,504/34 of the Indian Penal Code.
The informant who is sister of the victim girl has alleged in the FIR that her sister is mentally imbalance and is also dumb. She has alleged in the FIR that on 12.9.2021, in the night she saw that the petitioner herein opened clothes and committing rape with her sister namely, Puniya Kumari. The informant tried to caught him but he pushed her and managed to flee away. She went to the house of Punit Paswan, but instead his family members resorted to assault.
Patna High Court CR. MISC. No.27551 of 2022(2) dt.24-08-2022 2/2
There is direct allegation against the petitioner of having raped a mentally infirm and dumb girl and in this background of the fact, this Court is not inclined to grant any relief to the petitioner and the bail application is accordingly rejected.
(Rajiv Roy, J)
Prakash Narayan /- U T
2 issues framed by the court
Whether bail should be granted to the petitioner who is accused of raping a mentally infirm and dumb girl.
Whether the allegations revealed in the FIR warrant casting aside the petitioner's claim for bail.
1 provisions across 1 enactments
Punit Paswan
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
