Patna High CourtCR. MISC./6878/2024bail granted

Jitendra Manjhi v. The State Of Bihar

2024-09-10Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6878 of 2024 Arising Out of PS. Case No.-352 Year-2023 Thana- NAWADA MUFFASIL District- Nawada ====================================================== JITENDRA MANJHI S/O LATE BISHESHWAR MANJHI R/O- VILLAGECHAMANDIHA PATHRA, P.S.- MUFFASIL, DIST.- NAWADA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-09-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 341, 323, 376, 511, 504 and 34 of the Indian Penal Code and Sections 25(1-b)A/26 of the Arms Act, registered in connection with Muffasil P.S.Case No. 352 of 2023.

3. As per allegation, the petitioner entered the house of the informant and at the point of pistol started abusing her sexually.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. He has submitted further that the FIR was

Patna High Court CR. MISC. No.6878 of 2024(5) dt.10-09-2024 2/3 lodged two days after the occurrence. He is in custody since 17.10.2023.

5. From perusal of the statement of the victim, it appears that the petitioner did not commit rape upon the informant.

6. Considering the above facts and circumstances and in view of the custody of the petitioner since 17.10.2023, 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 learned Additional Chief Judicial Magistrate-I, Nawada in connection with Muffasil P.S.Case No.352 of 2023, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make himself available on each and every date fixed at the trial till framing of the charges, and if he fails to appear on two consecutive dates, unless he is prevented by extremely adverse circumstances, the court below shall be at liberty to cancel his bail bond.

Patna High Court CR. MISC. No.6878 of 2024(5) dt.10-09-2024 3/3

2. If the petitioner is found involved in similar nature of offence in future, his bail bond shall stand cancelled.

(Nawneet Kumar Pandey, J) HR/- U T