Srikant Rajak @ Srikant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22902 of 2019 Arising Out of PS. Case No.-85 Year-2015 Thana- NAUBATPUR District- Patna ====================================================== Srikant Rajak @ Srikant, Son of Birju Rajak, Resident of Naubatpur (West), P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate.

Ms. Babita Kumari, Advocate.

Mr.Shashank Shekhar, Advocate.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Naubatpur P.S. Case No. 85 of 2015, registered under Sections 354, 493, 376, 323 and 379 of the Indian Penal Code.

The accusation is that informant, who is married lady, was residing alone. In that course, she met with the petitioner on 04.04.2018 at the examination centre, where petitioner took her phone number and thereafter, he used to torture her on mobile and on giving assurance to perform the marriage, petitioner took her at the house of his friend and committed rape and later on, on giving assurance to perform the marriage, petitioner kept in rented house and she was being sexually harassed. Thereafter, when the informant

Patna High Court CR. MISC. No.22902 of 2019(2) dt.11-04-2019 2/2 stated to give pressure to perform the marriage then petitioner gave threatening and left the rented house putting her ornaments and cash of Rs.15,000/- .

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to ulterior motive and is in custody since 25.02.2019. It is further submitted that it would appear from the F.I.R. that the informant is major and married lady and in course of trial in Sessions Trial No. 269 of 2019, informant was examined as P.W.1, in which, she has not supported the prosecution case and declared hostile, which would appear from annexure 2.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I, Patna, in connection with Sessions Trial No. 269 of 2015 arising out of Naubatpur P.S. Case No. 85 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T