Mithun Manjhi v. The State Of Bihar
Patna High Court Cr.Misc. No.44158 of 2015 (3) dt.18-12-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44158 of 2015 Arising Out of PS.Case No. -557 Year- 2014 Thana -BARACHATTI District- GAYA ====================================================== Mithun Manjhi Son of Suresh Manjhi Resident of Village - Gambhira, P.S. - Mohanpur, District - Gaya.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sudhir Kumar Sinha For the Opposite Party : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2015 Heard the counsel for the petitioner and counsel for the State.
The petitioner is languishing in jail since 08.04.2015 in a case instituted under Section 366A/34 of the Indian Penal Code. As per prosecution, it is a case of kidnapping of a minor daughter of the informant with an intention for marriage. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.04.2015. Chargesheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. Petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. There was a love affair between the petitioner and the victim and they stayed together for five months but the victim
Patna High Court Cr.Misc. No.44158 of 2015 (3) dt.18-12-2015 never protested against the same only after going into the custody of her parents, she has made a vague allegation against the petitioner. It is further submitted that the petitioner may be released after completion of nine months in custody from 08.04.2015.
On behalf of the State, it has been submitted that the petitioner is named in the FIR.
Considering the aforesaid facts and circumstances, it is directed that the petitioner be released after completion of nine months in custody from 08.04.2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction Shri Narendra Pal Singh, Judicial Magistrate, Ist Class, Sherghati at Gaya in connection with Barachatti (Mohanpur) P.S.Case No.557 of 2014. (Sudhir Singh, J) B.Kr./- U T