Uday Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4750 of 2023 Arising Out of PS. Case No.-112 Year-2015 Thana- PARAIYA District- Gaya ====================================================== Uday Manjhi S/O Late Parmeshwar Manjhi Resident Of Village- Maraha, P.S.- Paraiya, District- Gaya.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 366(A) of the Indian Penal Code.

The prosecution case in nutshell is that when the informant and his wife were not present at the house, then co-accused Funtoosh Manjhi abducted his minor daughter for the purpose of solemnization of marriage. It is further alleged that petitioner has ravished the minor daughter of the informant, as per

Patna High Court CR. MISC. No.4750 of 2023(3) dt.20-04-2023 2/3 statement of the victim, recorded under Section 154 of Cr.P.C.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case due to local politics. Petitioner is not named in F.I.R. and his name sprang up during investigation of the case. Petitioner is in judicial custody since 21.07.2022.

Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that there is specific allegation against the petitioner to commit rape with the minor daughter of the informant. The victim has specifically stated in her statement recorded under Section 164 of Cr.P.C. that the petitioner along with other co-accused persons wrap her mouth and took her towards the Garden and the petitioner has ravished her.

Having heard the learned counsel for the parties and considering the nature of allegation, this

Patna High Court CR. MISC. No.4750 of 2023(3) dt.20-04-2023 3/3 court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. Learned trial court is directed to expedite the trial and conclude the same as soon as possible. (Sunil Kumar Panwar, J) Nirajkrs/- U T