Rajiv Srivastava @ Rajiv Kumar Srivastava @ Rajeev Srivastav @ Rajeev Kumar Srivastav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46578 of 2014 Arising Out of PS.Case No. -11 Year- 2014 Thana -MAHILA PS District- BUXAR ====================================================== Rajiv Srivastava @ Rajiv Kumar Srivastava @ Rajeev Srivastav @ Rajeev Kumar Srivastav Son of Late Vinay Lal Srivastava resident of ColonySohani Patti, Buxar, Police Station- Buxar Town, District- Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parijat Saurav For the Opposite Party/s : Mr. Ajay Kr. 1(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is in custody since 22.8.2014 in (Buxar) Mahila P.S. Case No.11 of 2014 for the offence under Section 376 of I.P.C.

The allegation against the petitioner is of eve-teasing and rape on the informant. However, the prosecution story has been belied by the report of the medical examination of the doctor on the prosecutrix.

Learned counsel for the petitioner submits that there was dispute regarding payment of fees for Ultra Sound having been conducted on the informant and his mother and sister. Considering the aforementioned submissions and also the fact that the medical report does not support the

Patna High Court Cr.Misc. No.46578 of 2014 (3) dt.18-02-2015 2/2 prosecution case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the S.D.J.M., Buxar, in (Buxar) Mahila P.S. Case No.11/14.

(Anjana Mishra, J) AnilKrSinha/- U T