Patna High CourtCR. MISC./13255/2021dismissed

Malha Manjhi @ Satyendra Manjhi v. The State Of Bihar

2021-09-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13255 of 2021 Arising Out of PS. Case No.-352 Year-2017 Thana- MASAUDHI District- Patna ====================================================== MALHA MANJHI @ SATYENDRA MANJHI Son of Bhukhan Manjhi Resident of village - Gorahana, Police Station - Masaurhi, District - Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioner seeks bail in connection with Masaurhi P.S. Case No.352 of 2017, registered for the offence punishable under Section 376 of the IPC and section 4 of POCSO Act. Allegation against the petitioner is that while the informant was going to her house, in the way, he caught her hand with bad intention and took her in an empty house and tried to outrage her modesty. In the mean time her mother reached there and the accused fled away.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever taken place. He has been falsely implicated in this case due to old

Patna High Court CR. MISC. No.13255 of 2021(3) dt.16-09-2021 2/2 enmity and local politics. The allegation levelled against the petitioner is false and frivolous. The petitioner has no criminal antecedent and has been languishing in custody since 10.06.2019.

Learned APP for the State opposed the prayer for bail by submitting that the informant/victim has supported the prosecution case in her statement recorded under section 164 Cr.P.C.

Considering the facts and circumstances of this case, I am not inclined to grant bail to the petitioner. Bail application is hereby dismissed.

Learned trial court is direction to expedite the trial of the petitioner.

(Anjani Kumar Sharan, J) pallavi/- U T