Jitia Munda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12575 of 2023 Arising Out of PS. Case No.-310 Year-2020 Thana- MANER District- Patna ====================================================== JITIA MUNDA Son of Dhucha Munda, Resident of Village- Nehalu Bartoli, P.S.- Bero, District- Ranchi (Jharkhand), at present resident of Sona Int Bhatta, Byapur, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-05-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Special Case No. 117 of 2020, arising out of Maner P.S. Case No. 310 of 2020, registered for offence punishable under sections 323, 341, 342, 376 (DA), 417, 120(B) of the Indian Penal Code and Sections 4/6 of the POCSO Act. The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR. There is no allegation at all against him. The allegation of rape is against co-accused Chandan Kumar. The allegation against Renu Devi is that she brought the victim to Chandan Kumar. He has submitted further that the victim has been examined during the course of trial, but

Patna High Court CR. MISC. No.12575 of 2023(2) dt.16-05-2023 2/3 she did not support the prosecution case and turned hostile. The petitioner is under custody since 24.06.2020 and he is a person of clean antecedent. The other co-accused persons, namely, Basu Uraon and Rajendra Uraon @ Rajendra Oraon, have been granted bail by the coordinate Benches of this Court in Cr. Misc. Nos. 48307 and 52479 of 2022.

On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeVII-cum-Exclusive Special Judge (POCSO) Act, Patna in connection with Special Case No. 117 of 2020, arising out of Maner P.S. Case No. 310 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have

Patna High Court CR. MISC. No.12575 of 2023(2) dt.16-05-2023 3/3 liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T