Patna High CourtCR. MISC./10289/2019bail granted

Hiralal Manjhi v. The State Of Bihar

2019-04-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10289 of 2019 Arising Out of PS. Case No.-27 Year-2018 Thana- MAHILA P.S. District- Nawada ====================================================== Hiralal Manjhi son of vijay Manjhi, Resident of village- Sakardih, P.S.- Mufassil,District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376(2)(i) of the Indian Penal Code and Section 4 of POCSO Act.

Allegation is that the petitioner committed rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.09.2018 and has got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner has falsely been implicated in the present case. There is contradiction on the point of manner of occurrence between the F.I.R. and the statement of the victim

Patna High Court CR. MISC. No.10289 of 2019(4) dt.18-04-2019 2/2 recorded under Section 164 of Cr.P.C. The medical report does not support the allegations made in the F.I.R. The matter has already been compromised between the parties. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, Nawada in connection with POCSO case NO.61 of 2018 arising out of Mahila P.S. case No.27 of 2018.

(Sudhir Singh, J) Narendra/- U T