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Patna High CourtCR. MISC./41039/2025bail granted

Rajnish Kumar Srivastava v. The State Of Bihar

2025-07-09Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41039 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- SHRIKRISHNAPURI District- Patna ====================================================== RAJNISH KUMAR SRIVASTAVA Son of Lt Ayodhya Prasad Verma Resident of Flat No.- 202, Block A1, Tiruvantpuram City, Vijay Singh Yadav Path, Danapur-Cum-Khagaul, P.S.- Danapur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-07-2025 Heard Mr. N.K. Agrawal, learned Senior Counsel for the petitioner and the State.

2. The petitioner is apprehending arrest in connection with Sri Krishnapuri P.S. Case No. 104 of 2025 instituted under Sections 127(2), 74, 75, 76, 3(4) of the BNS lodged on 15.04.2025 by the informant, Anjali Sinha.

3. As per the prosecution story, the lady informant, working in the Kotak Mahindra Bank S.K.Puri Branch, Patna alleged that the petitioner who is the Branch Manager called her in Avnika Girls Hostel on the pretext of some medical advice. He was under the influence of liquor and allegation is that the petitioner caught hold of her hand and told her, if she is promoted what he will get in return. The lady found the door of

2/4 the room locked. She knocked the door, someone opened and she came out which followed the FIR.

4. It is the case of the petitioner that as narrated by learned Senior Counsel that the lady wanted her father to be treated at the All India Instituted of Medical Sciences (henceforth for short 'the AIIMS'). As the petitioner's friend's wife is a Doctor, for said purpose, she was called upon, this fact has been accepted by the lady. However, for unknown reason, the allegation has come. He is having a family and the present case has put a damocles sword on his career too.

5. Learned Senior Counsel submits that the petitioner is ready to cooperate in the investigation, face the trial and further undertakes that under no circumstance, he shall contact the informant lady either directly or indirectly, if granted relief.

6. Learned APP has taken this Court to order of learned Sessions Judge to show that the lady subsequently has supported the prosecution story.

7. The allegations are there, facts are disturbing, the story of superiors pressurizing the subordinates is/are always coming in public domain, however, in the particular case, since the petitioner is holding a post, has undertaken to cooperate in the investigation and further undertaken not to have any contact

3/4 with the lady, has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail. It is made clear that if the petitioner in any manner tries to contact the lady-informant, she shall be free to take steps for cancellation of his bail bond.

8. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Sri Krishnapuri P.S. Case No. 104 of 2025 to the satisfaction of learned SDJM, Patna subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his

4/4 attendance;

(iv) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T