Vikash @ Vikash Rai @ Vikash Kumar Rai @ Vikash R. Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33841 of 2016 Arising Out of PS.Case No. -165 Year- 2015 Thana -BARSOI District- KATIHAR ====================================================== Vikash @ Vikash Rai @ Vikash Kumar Rai @ Vikash R. Rai S/o- Fannu Rai, Resident of Village- Sadapur, P.S.- Balia Belone, District- Katihar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Firoz Ahmad, Advocate For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-09-2016 Heard both sides.

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

The mother of the victim disclosed the name of four persons, namely, Holia Shil, Pradeep Shil, Shobhna Devi and Minta Shil and they, after hatching conspiracy, might have kidnapped her daughter.

Shri Jagdish Prasad, learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. Petitioner was having love affairs with the victim, she herself fled away but she made her statement under Section 164 Cr.P.C. she gave a different story that the petitioner and Holia kidnapped her but from perusal

Patna High Court Cr.Misc. No.33841 of 2016 (3) dt.23-09-2016 2/2 of the case diary and the statement of the victim, it appears that the victim has made very specific allegation that Vikash, the petitioner and Holia Shil forcibly kidnapped her on a motorcycle and took her to unknown place. Vikash committed rape with her. Considering the nature of allegation made against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) N.H./- U T