Baban Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52364 of 2017 Arising Out of PS. Case No.-19 Year-2017 Thana- MAHILA P.S. District- Bhojpur ====================================================== Baban Kumar Nirala, Son of Rameshwar Paswan, Resident of VillageMishrawalli, Police station- Sakurabad, District- Jehanabad. At present resident of Village- Bahiro, Police Station- Ara Nawada, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigendra Pratap Singh For the Opposite Party/s :

Ms. MEENA SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-11-2017 Heard both sides.

Petitioner seeks bail bail in connection with Mahila P.S. case no. 19 of 2017, registered under Sections 323, 376, 406, 420, 504 and 506/34 of the IPC.

The F.I.R. lodged by the widow mother of the victim depicts a classic example of sexual harassment by the close family members. Petitioner being the uncle is said to have established sexual relationship with the victim. Learned counsel submits that the allegation has been levelled several months after the initiation of the alleged harassment . The allegation is motivated by the property dispute. Some independent witness has not stated about any such relationship or protest by the victim.

Patna High Court Cr.Misc. No.52364 of 2017(2) dt.20-11-2017 2/2 Learned counsel for the State, placed the statement of the victim recorded under Section 164 of the Cr. P .C. (Annexure-3) wherein she has graphically stated the entire incident which continued with her for several months.

Looking to the severity of the allegation, particularly, the statement of the victim, the prayer for bail is rejected. If the petitioner, on expiry of 09 months from today, prays for bail in the Court below, the same shall be considered on its own merit uninfluenced by the present order.

(Kishore Kumar Mandal, J) shyambihari/- U T