Deo Nath Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 57625 of 2015 Arising Out of PS.Case No. -118 Year- 2015 Thana -JALALPUR District- SARAN ====================================================== Deo Nath Manjhi son of Late Ghamandi Manjhi resident of Village- G.S. Bangra, Police Station- Jalalpur, District- Saran (Chapra). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

19-01-2016 Heard Sri Bashistha Narain Mishra, learned counsel, who was assisted by Sri Brij Kishor Mishra, learned counsel for the petitioner and learned Addl. Public Prosecutor. The petitioner, who is in custody only since 21-09-2015 in Jalalpur P.S. Case no. 118 of 2015 registered for the offence under Sections 376/511 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012, has prayed for grant of bail.

Learned counsel for the petitioner submits that after institution of case, statement of victim was recorded under Section 164 of the Cr.P.C., wherein she had not alleged any act suggesting to attempt to commit rape and as such, he makes a prayer for grant of bail.

Patna High Court Cr.Misc. No.57625 of 2015 (2) dt.19-01-2016 2/2 On perusal of the F.I.R. as well as statement of the victim recorded under Section 164 of the Cr.P.C., it is evident that victim is about 12-14 years old and she had made specific statement against the petitioner.

In view of the facts and circumstances, particularly; the period of custody, at the moment, the Court is not inclined to grant bail.

The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T