Patna High CourtCR. MISC./2897/2019bail granted

Surendra Manjhi v. The State Of Bihar

2019-01-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2897 of 2019 Arising Out of PS. Case No.-350 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== Surendra Manjhi, s/o Sita Manjhi Village-Chaumukha, Kaleya Sthan,P.S.- Yogaptti,Distt.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Rajendra Singh Shastri(App 47) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Yogapatti P.S. Case No. 350/2018, instituted for offences under Section(s) 363, 366(A) and 379 of the Indian Penal Code read with Section 8 of POCSO Act. It is alleged in the written report that daughter of informant, aged about 13 years, became traceless for eight days. During course of search informant learnt on 07.07.2018 that this petitioner has kidnapped his daughter. It is further alleged that petitioner had also taken away ornament and cash of Rs. 60,000/- with him.

Victim girl on recovery has given her statement under Section 164 Cr.P.C., wherein she has stated that this petitioner had taken her away. He kept the victim in sugarcane field for five days. He also took her bag containing Rs. 60,000/-. He forcibly

Patna High Court Cr.Misc. No.2897 of 2019(2) dt.23-01-2019 2/2 performed marriage with victim and established physical relationship with her.

Victim has been medically examined. Doctor has not found any injury on private part or on any part of body of victim. Doctor has assessed the age of victim between 15-17 years. Learned counsel for the petitioner has submitted that it is a case of love affairs between the daughter of informant and petitioner. He has submitted that there are several love letters written by the daughter of informant to petitioner. Petitioner is in custody since 09.07.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge1st-cum-Special Judge, West Champaran, Bettiah in connection with Yogapatti P.S. Case No. 350/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T