Chunnu Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54660 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -MAHILA PS District- AURANGABAD ======================================================

1. Chunnu Rajak, Son of Late Naresh Rajak, resident of Village- Madupur, P.S.- Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-01-2018 Heard the counsels for the parties.

The petitioner seeks bail in connection with Mahila P.S. Case No. 28 of 2017 dated 05.08.2017 instituted for the offence under Section 376 of the Indian Penal Code.

From the F.I.R., It has been submitted on behalf of the petitioner that no offence can at all be said to have been made out. Pushpa Devi/victim has submitted that she was married to somebody else, but the petitioner kept his contact with her and always talked to her on mobile phone. On 02.08.2017, taking her into confidence and on the pretext of showing her a cinema, the victim was taken near the Sone River and was raped. At that point of time, the petitioner was caught by the local persons and a video of such act was made. Ever since thereafter, it has been alleged

Patna High Court Cr.Misc. No.54660 of 2017 (3) dt.05-01-2018 2/2 that the petitioner has been blackmailing the victim and has been committing rape on her.

Learned counsel for the petitioner has submitted that it does not appear to be probable that the petitioner would be caught by the local persons and then a video of it would be made for the purposes of blackmailing the prosecutrix by him. The dispute appears to be something else. It has further been submitted that the victim was not happy with her marital life and wanted the petitioner to marry her. On refusal, the present case has been lodged.

The petitioner is in custody since 05.08.2017. Regard being had to the aforesaid facts, this Court is inclined to grant bail to the petitioner.

The petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Mahila P.S. Case No. 28/2017.

(Ashutosh Kumar, J.) Rakhi U T