Holia Shil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13801 of 2016 Arising Out of PS.Case No. -165 Year- 2015 Thana -BARSOI District- KATIHAR ====================================================== Holia Shil, Son of Late Bhiven Shil, resident of Village -Kasba Tola O.P. Kachna, P.S. Barsoi, District- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Helal Ahmad, Advocate For the Opposite Party : Mr. Indra Kumar Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 01-06-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in relation to Barsoi P.S. Case No. 165 of 2015 registered under Sections 366/34/120(B) of the Indian Penal Code.

The victim girl has made statement under section 164 of the Cr.P.C. that the petitioner along with one Vikash took her away by motorcycle and kept her at lonely place, where coaccused Vikash established sexual relationship with her several times. The petitioner could not have made any attempt of sexual intercourse with the victim. The entire allegation is with regard to one Vikash.

It is submitted that in fact the victim had an affair

Patna High Court Cr.Misc. No.13801 of 2016 (3) dt.01-06-2016 2/2 with Vikash but she was voluntarily married with another, from where she eloped with Viksah but due to village politics, the present case has been lodged.

Be that as it may, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of C.J.M., Katihar, in connection with Barsoi P.S. Case No. 165 of 2015, subject to conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Navaniti Prasad Singh, J.) Rajiv/amit U T