Suraj Mnjhi @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9015 of 2022 Arising Out of PS. Case No.-572 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== Suraj Mnjhi @ Suraj Kumar Son of Jamuna Manjhi Resident of Village - Jay Nagar, Lal Pahari , Ward no.33, P.s.- Kabaiya, Distt.- Lakhisarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-07-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Lakhisarai (Kabaiya) P.S. Case No. 572 of 2021 lodged under Sections 366(A), 370 of the Indian Penal Code. The prosecution case is that the informant disclosed in her information petition that her daughter Nancy Kumari is traceless since 31.07.2021. She has searched her daughter but failed to receive information about her. She further made allegation upon seven named persons alleging that they all kidnapped her daughter with bad intention. The informant also disclosed her apprehension that they (accused persons) may sell

Patna High Court CR. MISC. No.9015 of 2022(3) dt.28-07-2022 2/3 to her daughter or kill. She also explained the cause of delay in the F.I.R.

Case diary has also been called for in this case. Learned counsel for the petitioner submits that petitioner is innocent and has of committed no offence. He mentioned that in paragraph 86 and 87 of C.D., independent witnesses have informed that the petitioner and the daughter of the informant were in love, due to which they both with mutual consent of each other went to Makrana Rajasthan. Learned counsel for the petitioner further submits that the petitioner is in custody since 18.10.2021 and charge sheet has alreadybeen filed in this case. He also mentioned that petitioner has clean antecedent. The present case is absolutely relating to love affair and no case has made out under any provision as mentioned.

Learned APP for the State submits that paragraph 45 and 46 of the case diary are the most relevant where the statement of the victim under Section 161 and 164 of the Cr.P.C. have been recorded, in her statement the victim has deposed/stated before the I.O. and the Magistrate that above named accused persons of the F.I.R. including petitioner had kidnapped her and brought her to Makrana Rajsthan.

Patna High Court CR. MISC. No.9015 of 2022(3) dt.28-07-2022 3/3 for complete one month.

Upon going through the allegation made by the victim herself. I may not inclined to grant bail to the petitioner. Hence, the present petition is rejected. The trial court is directed to conclude the trial within six months. (Dr. Anshuman, J.) guddu/- U T