IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84573 of 2024 Arising Out of PS. Case No.-475 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== Sourabh Kumar @ Saurbh Pandey @ Sourav Kumar Pandey Son of Jay Kumar Pandey Resident of Village - Barjo, P.O. - Dhanwar, P.S. - Dhanwar, District - Giridih, Jharkhand - 825412, presently residing at Chas, Gurudwara Colony, P.O. and P.S. - Chas, District - Bokaro, Jharkhand ... ... Petitioner/s Versus 1 . The State of Bihar 2. Babita Devi Wife of Lakhan Yadav Residing at Cherki, P.S. - Sherghati, Village - Kolhaura, P.S. - Bodhgaya, District - Gaya ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar Shukla, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 24-03-2025 Heard learned counsel for the petitioner and the State . 2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 376 of the Indian Penal Code . 3 . As per the prosecution case , co-accused Kailash Patna High Court CR. MISC. No.84573 of 2024(4) dt.24-03-2025 2/4 Yadav made call through his mobile No. 7488385163 on complainant’s mobile phone 8987017029 in the month of August 2022 with bad intention . It is further alleged that in spite of protest by complainant, co-accused kailash Yadav threatened her on phone to kill her husband and he reached her village Kolhaura and forcibly made physical relationship with complainant. Thereafter he continued to have sexual intercourse with her in absence of her husband. It is further alleged that accused persons also made obscene video of her and made the same viral due to which she was ousted from her matrimonial house as well as parental house . 4. Learned counsel for the petitioner submits that petitioner has committed no offence and has falsely been implicated in this case only with ulterior motive . Petitioner was working in brige and roof Co (India) ltd. as operator/driver of Poklane machine from November 2022 to 13.03.2023 and there was some dispute between husband of the complainant and this petitioner and taking advantage of the same , this false and concocted case has been lodged against this petitioner. As a matter of fact, on 14.04.2023, petitioner received a threatening call on his number from complainant in which complainant demanded Rs. 1 lakh to be transferred into her account and also Patna High Court CR. MISC. No.84573 of 2024(4) dt.24-03-2025 3/4 warned that if petitioner failed to comply with this demand, she will implicate him and his family members in criminal cases of serious allegations of rape . Upon receiving such threat, petitioner filed an informatory petition beraing No. 1544 of 2023 dated 18.04.2023 in the Court of Chief Judicial Magistrate bokaro and thereafter this false and concocted case has been lodged against this petitioner. It is further submitted that there is a contradiction between the statements made by complainant, complainant’s mother, husband under section 161 of the Code of criminal Procdure which itself creates doubt over the entire prosecution case . As per complaint, the relationship cotinued for quite some time , as such , the same cannot amount to rape . It was consensual relationship . Complainant is major and married lady . Petitioner claims clean antecedent. 5 . Learned counsel for the State opposes the bail petition of the petitioner. 6. Considering the aforesaid facts, clean antecedent of petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Gaya in Patna High Court CR. MISC. No.84573 of 2024(4) dt.24-03-2025 4/4 connection with bodhgaya P.S. case No. 475 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . Koushik/- (Prabhat Kumar Singh, J) U T