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Patna High CourtCR. MISC./6280/2024bail granted

Mukesh Manjhi @ Mukesh Kumar v. The State Of Bihar

2024-07-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6280 of 2024 Arising Out of PS. Case No.-42 Year-2023 Thana- MAHILA PS District- Gaya ====================================================== 1.

Mukesh Manjhi @ Mukesh Kumar Son of Chiku Manjhi R/o vill - Churi, P.S. - Chandauti, Dist. - Gaya 2.

Karan Kumar @ Karan Manjhi Son of Bind Ravidas @ Binod Ravidas @ Vinod Ravidas R/o vill - Churi, P.S. - Chandauti, Dist. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 354B, 448, 504, 506/34 of the Indian Penal Code and Section 8 / 12 of the POCSO Act.

3. As per the prosecution case, on 17.05.2023 at about 11:30 PM (night), while the daughter of informant was sleeping in the courtyard, these two petitioners came there and started dragging her towards outside, however; on alarm being raised by the victim, her parents came there and these petitioners fled away.

Patna High Court CR. MISC. No.6280 of 2024(4) dt.09-07-2024 2/2

4. It is submitted on behalf of petitioners that both parties are co-villagers and due to petty dispute, these petitioners have been implicated in this case. The victim, in her statement recorded under Section 164 Cr.P.C., has not alleged any wrong against petitioners and only stated that both petitioners assaulted her with fists & slaps. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances as well as statement of the victim recorded under Section 164 Cr.P.C., let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO Court-cumAdditional District & Sessions Judge - VI, Gaya, in connection with Mahila P.S. Case No. 42 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) anay U T