Santosh Das @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65185 of 2021 Arising Out of PS. Case No.-90 Year-2020 Thana- GADHPURA District- Begusarai ====================================================== SANTOSH DAS @ SANTOSH KUMAR S/o Hari Narayan Das R/o VillageRanichak, P.S.- Garhpura, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-03-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Gadhpura Police Station Case No. 90 of 2020, registered for the offences punishable under Sections 376/384/504/506/509/34 of the Indian Penal Code.

The allegation against the petitioner, as per the First Information Report, is that he committed rape upon the informant while she was alone at her home along with her children and her husband had gone to Punjab for earning his livelihood.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.65185 of 2021(3) dt.22-03-2022 2/3 present First Information Report has been lodged by the informant after a lapse of six months of the alleged occurrence and the informant is in the habit of lodging First Information Report of this nature inasmuch as earlier also, she had lodged Gadhpura Police Station Case No. 105 of 2018 against one Ramesh Das for the offences punishable under Sections 457/376/511 of the Indian Penal Code. He further submits that the informant was not medically examined and except her statements, made in the First Information Report as well as recorded under Section 164 of the Code of Criminal Procedure, 1973, no material is there against the petitioner. He, however, submits that the petitioner was having consensual physical relationship with the informant.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the statements of the informant, made in the First Information Report as well as recorded under Section 164 of the Code of Criminal Procedure, 1973, it appears that the informant was being sexually exploited by the petitioner and others and objectionable video was also made by the petitioner and others and she was being physically exploited on the basis of the said video, I am not inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.65185 of 2021(3) dt.22-03-2022 3/3 This application is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √