Pawan Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11223 of 2025 Arising Out of PS. Case No.-285 Year-2024 Thana- SILAO District- Nalanda ====================================================== Pawan Manjhi Son of Late Pyare Manjhi Resident Of Village- Niyamat Nagar, Ps- Silao, Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :
Mr.Manoj Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Silao P.S. Case No. 285 of 2024, registered for the offences under Section 96 of the B.N.S.
3. As per the prosecution case, the minor daughter of the informant was taken away from guardianship of the informant with the intention of marriage by the petitioner.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The victim girl was recovered from Nalanda bus stop and the petitioner was not with her. From the statement of the victim girl recorded under Section 180 of the B.N.S.S. it is evident that she herself called the petitioner
Patna High Court CR. MISC. No.11223 of 2025(2) dt.06-03-2025 2/3 and both of them went to Badgaon and solemnized marriage. After coming to know about lodging of the case by the mother, the victim girl returned and she was taken to the hospital for medical examination but she refused for any physical check-up. The medical board was constituted for determination of her age and her age was was determined between 15-16 years. There is no allegation of sexual assault against the petitioner and from the statement of the victim girl recorded under Section 180 and Section 183 of the B.N.S.S. it is apparent that she herself left her house and solemnized marriage with the petitioner who is merely aged about 19 years. The petitioner is in custody since 16.10.2024 and he has no criminal antecedent. Charge sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the age of the petitioner, his period of custody and submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned J.M.-9 1st Class, Nalanda,
Patna High Court CR. MISC. No.11223 of 2025(2) dt.06-03-2025 3/3 Biharsharif/concerned court, in connection with Silao P.S. Case No. 285 of 2024, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Anuradha/- U T