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Patna High CourtCR. MISC./10745/2025bail granted

Anil Manjhi v. The State Of Bihar

2025-07-14Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10745 of 2025 Arising Out of PS. Case No.-328 Year-2024 Thana- HARNAUT District- Nalanda ====================================================== Anil Manjhi Son of Binesher Manjhi @ Bineshwar Manjhi Resident of village - Sherpur, Police Station - Harnaut, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Adv For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP For the Informant Mr. Rakesh Kumar, Adv ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner, learned counsel for the Informant and the learned APP for the State.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under Section 96, 3/(5) of BNS.

3. The allegation in the FIR is that the daughter of the informant, 17 years of age, went missing and the informant came to know that accused namely Rahul aged about 18 years has fled away along with the daughter and two other covillagers being Arjun Kumar aged about 16 years and Anil Manjhi aged 25 years, have assisted him in the same.

4. Learned counsel for the petitioner submits that the FIR would itself indicate that the thrust of allegation is upon Rahul Kumar, who is said to have taken the daughter of the

Patna High Court CR. MISC. No.10745 of 2025(3) dt.14-07-2025 2/3 informant away. The allegation against the present petitioner is confined to have assisted by providing a tempo for their travel. It is further submitted that there is delay in lodging of the FIR and the occurrence is said to have taken place on 20.08.2024 while the FIR was lodged on 03.08.2024. Further, the victim girl has already been recovered and even from her statement recorded under section 180 of the BNSS, there is no allegation of any physical relationship etc and from the statement recorded under section 183 of the BNSS, it would appear that the victim and co-accused Rahul Kumar had been on talking terms with each other and the girl had been travelling along with him and was even staying at the residence of the relative of accused Rahul Kumar. It is also submitted on behalf of the petitioner that medical examination report also does not indicate any sort of violence on the person of the victim and her age has been assessed to be 21 years.

5. Learned APP for the State and learned counsel for the informant opposes the anticipatory bail on the ground that petitioner has also assisted the main accused Rahul Kumar in taking away the victim girl.

6. Considering the facts and circumstances and also considering that the petitioner has no criminal antecedent, let

Patna High Court CR. MISC. No.10745 of 2025(3) dt.14-07-2025 3/3 in the event of his arrest/ surrender within a period of four weeks from today the petitioner 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 the learned court below where the case is pending/ successor court in Harnaut P.S.Case No. 328 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioner shall co-operate in investigation/ trial.

(Soni Shrivastava, J) N.K/- U T