Raj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30237 of 2015 Arising Out of PS.Case No. -2618 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Raj Kumar Son of Late Madhav Mehta, Resident of Hanuman Nagar, P.S. - Saur Bazar, District - saharsa at present Flat No. 403, Lila Apartment, Near Lalita Hotel, P.S. - Kotwali, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bindu Bala D/o Sri Rajroop Sinha, CDA Colony, P.O. + P.S. Shashtri Nagar, District - Patna.

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11/ 24-02-2016 This matter has been placed before this Court in view of the administrative order of the Hon'ble the Acting Chief Justice dated 14.01.2016.

The petitioner is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Section 376 of the Indian Penal Code.

The prosecution case is that the complainant is an employee of the hospital to which petitioner is Director. The complainant has alleged that she was sexually exploited by the petitioner.

Patna High Court Cr.Misc. No.30237 of 2015 (11) dt.24-02-2016 2/3 It is submitted by learned counsel for the petitioner that for the occurrence of November, 2010 the complaint was filed on 12.09.2014. The complainant has filed the present complaint as a retaliatory measure due to filing of Patna Kotwali P.S. Case No. 144 of 2012 prior to the filing of the present complaint by the petitioner against the boy friend of the complainant levelling accusation under Sections 365, 384, 341, 323 and 504/34 of the IPC. Supplementary affidavit has been filed on behalf of the petitioner dated 09.02.2016 at Flag 'B' that the complainant has retracted from the initial version and filed a petition to that effect before the learned court below on 13.01.2016.

Counsel for the complainant has also filed counter affidavit on 22.02.2016 where it has been stated that the complainant does not want to prosecute the petitioner. The contention made in the counter affidavit has been reiterated by Mr. Sunil Kumar learned counsel for the complainant. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.30237 of 2015 (11) dt.24-02-2016 3/3 each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna in connection with Complaint Case No. 2618(C) of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T