Rishi Srivastav @ Rishi Shyam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13568 of 2020 Arising Out of PS. Case No.-564 Year-2019 Thana- PATLIPUTRA District- Patna ====================================================== RISHI SRIVASTAV @ RISHI SHYAM Son of Satyanarayan Prasad @ Shyam Nandan Prasad Resident of Village - Chutiya, P.S. - Chutiya, P.S. - Chutiya, District - Ranchi, Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Guriya Nisha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Patliputra P.S. Case No. 564 of 2019 registered under Sections 376, 504 and 420 of the I.P.C.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in this case. On perusal of F.I.R. itself, it appears that the informant (victim) and petitioner established physical relation according to own desire for a period of one month, but during that period, the informant did not raise single word against the petitioner. Further submission is that the victim in her statement recorded under section 164 Cr. P.C. specifically stated that she established

Patna High Court CR. MISC. No.13568 of 2020(2) dt.02-03-2020 2/2 physical relation with the petitioner according to her own desire. She does not want to proceed with the case further. The victim is major. It is also submitted that petitioner has no criminal antecedent and is in custody since 06.12.2019. Having considered the above facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.- XII, Patna in connection with Patliputra P.S. Case No. 564 of 2019.

(Arvind Srivastava, J) shailendra/- U T