IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8621 of 2009 RAKESH PASWAN Versus STATE OF BIHAR ----------- For the petitioner : Mr. Partha Sarthy, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. ------ 3 04.05.2009 Petitioner RAKESH PASWAN is in custody in connection with Complaint Case No. 2265 of 2006 under sections 366, 376,342, 379 and 504/34 IPC. According to the complainant Shanti Devi in the evening of 9.8.2006 as she was returning from her parental home and got down from the jeep at Gorhia Chak the petitioner rendered her unconscious by putting a anesthetic handkerchief on her nose and mouth and removed her to Delhi where the petitioner not only forcibly fulfilled his carnal desire but also made her put her thumb impression on certain papers and assaulted her whereafter she was brought to the petitioner’s home where threat was also extended to kill her three year old child, her ornaments and watch were also snatched and she was also subjected to continuous rape. The submissions on behalf of the petitioner is that he has been falsely implicated in this case which would be evident from the fact that the complainant has been filing several cases against the petitioner which would be apparent from annexures 4, 5 and 6. Annexure 4 is photocopy of petition dated 13.9.2006 of Complaint Case No. 2206 of 2006 filed o13.9.2006 alleging offences under sections 364, 379, 341 and 342 IPC. Annexure 5 is copy of complainant’s petition dated - 2 - 7.9.2006 before the S.P., Vaishali at Hajipur and Annexure 6 is a copy of Complaint Petition No. 1984 of 2006 filed by the complainant which indicates that her husband and other in – laws had tortured her and ousted her from matrimonial home on 10.6.2006. The present complaint is in respect of an occurrence said to have taken place from 9.8.2006 up to 5.9.2006 but herein she had not mentioned anything about the earlier complaints filed by her. Apparently the present complaint appears to be a vexatious one and the petitioner has been falsely implicated for extraneous reasons. In the facts and circumstances of the case petitioner RAKESH PASWAN is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Hajipur who is in seisin of Complaint Case No. 2265 of 2006. Spd/- (Abhijit Sinha, J.)