Rajesh Manjhi v. The State Of Bihar

Patna High Court Cr.Misc. No.22242 of 2016 (2) dt.04-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22242 of 2016 Arising Out of PS.Case No. -362 Year- 2015 Thana -FATEHPUR District- GAYA ======================================================

1. Rajesh Manjhi Son of Ramswaroop Manjhi Resident of village - Amarpur, Police Station Fatehpur, District - Gaya .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-07-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Fatehpur P.S. Case No. 362 of 2015 registered for the offence punishable under Section 366 (A) of the Indian Penal Code.

Allegedly, co-accused Vijay Manjhi kidnapped the minor sister-in-law of the informant with the aid and assistance of the petitioner. During investigation the victim girl has been recovered and her statement has also been recorded under Section 164 Cr.P.C. wherein she has supported the allegation of kidnapping against the petitioner also.

Submission is of false implication and that the victim girl in her statement recorded under Section 164 Cr.P.C. has specifically stated that the petitioner returned from Dhanbad and co-accused Vijay Manjhi brought her at Hyderabad where he

Patna High Court Cr.Misc. No.22242 of 2016 (2) dt.04-07-2016 developed sexual relationship with her. The petitioner is suffering in custody since 07.02.2016 and as such he deserves sympathetic consideration to which the learned APP opposes. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S. Case No. 362 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T