Surendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8059 of 2023 Arising Out of PS. Case No.-167 Year-2022 Thana- HUSSAINGANJ District- Siwan ====================================================== SURENDRA MANJHI Son of Mintu Manjhi R/v- Chhapiya Khurd, P.S.- Hussainganj, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv :

Mrs. Kumari Anupam For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366, 364, 379/34 of the Indian Penal Code.

As per prosecution case, the complainant alleged that the petitioner along with co-accused persons came to her house and after persuading her daughter, kidnapped her for the purpose of solemnization of marriage. It is further alleged that the accused persons also took away cash of Rs. 80,000/- along with jewellery.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of FIR as well

Patna High Court CR. MISC. No.8059 of 2023(3) dt.05-07-2023 2/2 as statement of victim recorded u/s 164 of Cr.P.C., it seems that both parties are consensual. The victim girl also stated in her statement that she went with the petitioner from her house out of her own sweet for purpose of solemnization of marriage. The victim is major which is also evident from medical report vide para-45 of the case diary. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 23.6.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hussainganj P.S. Case No. 167 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Siwan.

(Sunil Kumar Panwar, J) Amandeep/- U T