Jitendra Manjhi @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4733 of 2020 Arising Out of PS. Case No.-43 Year-2019 Thana- PARASBIGHA District- Jehanabad ====================================================== JITENDRA MANJHI @ JITENDRA KUMAR Son of Jangli Manjhi Resident of Village - Chhotki Chanpatia, P.S.- Paras Bigha, Distt - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Prasad Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Parasbigha PS case no. 43 of 2019 registered for the offences punishable under Sections 366(A) of Indian Penal Code.

The allegation is regarding the co-accused persons including the petitioner herein having kidnapped the victim girl. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that a bare perusal of the statement of the victim girl made under Section 164 Cr.P.C. before the learned Magistrate would show that the victim girl had voluntarily gone to the house of the sister of her mother and while she was returning back, she was apprehended by the police. It is further submitted that co-accused persons have already been

Patna High Court CR. MISC. No.4733 of 2020(2) dt.23-01-2020 2/2 granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 16.11.2019 passed in Cr. Misc. no. 50831 of 2019. Having regard to the facts and circumstances of the case, considering submissions made by the learned counsel for the petitioner coupled with the fact that a bare perusal of the statement of the victim girl made under Section 164 Cr.P.C. before the learned Magistrate does not reveal any material to implicate the petitioner in the alleged occurrence, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-I Class, Jehanabad in connection with Parasbigha PS case no. 43 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.