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Patna High CourtCR. MISC./26744/2017dismissed

Shiv Lal Kora v. The State Of Bihar

2017-10-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26744 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -MAHILA PS District- KATIHAR ======================================================

1. Shiv Lal Kora Son of Gajanand Kora, resident of Village- Oksatal, P.S. Amdabad, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Mahila P.S. Case No. 13 of 2017 instituted for the offence under Sections-376, 504, 34 of the Indian Penal Code.

There is allegation in the written report that this petitioner established physical relationship with the informant on the pretext of marrying her. During course of such occurrence, he also prepared Video clip and sent the same to different persons on whatsapp and also started to make demand of Rs. 5,00,000/- from the informant to delete the said video.

The case diary has been received.

The statement of the victim has been recorded u/S 164 of the Cr.P.C. in which, she has levelled specific allegation against this petitioner as mentioned in the written report.

Patna High Court Cr.Misc. No.26744 of 2017 (6) dt.09-10-2017 2/2 The victim is present in court today during hearing of bail petition.

It has been submitted on behalf of the petitioner that the victim has filed compromise petition in the court below. The victim has appeared today and has stated that such petition was filed due to ignorance and she want to contest the case.

The petitioner was also directed to remain physically present in court today but he has not appeared. In such circumstances, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected.

The petitioner is directed to surrender in the court below and seek regular bail, which will be considered on its own merit without being prejudiced by this order.

(Sanjay Priya, J) A.K.V./- U T