Srikant Prasad @ Billa @ Srikant Kr. @ Billa Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74123 of 2018 Arising Out of PS. Case No.-309 Year-2018 Thana- HILSA District- Nalanda ====================================================== Srikant Prasad @ Billa @ Srikant Kr. @ Billa Ram, Son of Kishor Prasad, Resident of Village- Bhareti, Police Station- Hilsa, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 15.06.2018 in a case registered for the offence punishable under Sections 341,354B,509/34 of the I.P.C. Subsequently, vide order dated 15.06.2018 Sections 376 and 511 of the I.P.C. and Section 67(A) of the I.T. Act have been added. The prosecution case got initiated on the basis of written report of Priti Kumari submitted to the Station House Officer, Hilsa Police Station is to the effect on 09.06.2018, at 11.45 A.M., when the informant along with her coaching mate, namely Anish Kumar, were returning after attending coaching classes and as soon as she reached near Bhareit Khanda at 1.00 P.M., the petitioner along with other co-accused persons started

Patna High Court Cr.Misc. No.74123 of 2018(3) dt.31-01-2019 2/3 making allegation about illicit relationship of the informant with her friend. It is further alleged that the accused persons misbehaved with her and get recorded an obscene video of her and also threatened to make the video viral. It is alleged against the petitioner that he lifted the informant and took her to a maize field with an intention to ravish her. On alarm being raised, when the villagers came, the accused persons escaped from the scene.

It is submitted by learned counsel for the petitioner that for the occurrence of 09.06.2018, the written report was submitted on 11.06.2018. It is further submitted that no medical examination of the victim was done and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State after going through the case diary submits that the thrust of accusation is against the petitioner. However, he submits that no medical examination of the victim has been done.

Considering the fact that the investigation has already been concluded, there being no medical report on record to corroborate the accusation, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having

Patna High Court Cr.Misc. No.74123 of 2018(3) dt.31-01-2019 3/3 any criminal antecedent, 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 learned ACJM-I, Hilsa (Nalanda), in connection with Hilsa P.S. Case No. 309 of 2018.

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