Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22378 of 2021 Arising Out of PS. Case No.-404 Year-2020 Thana- JAMUI District- Jamui ====================================================== MANISH KUMAR Son of Rajendra Kewat Resident of Village - Gaush Nagar Kenar, P.S.- Sarmera, District - Nalanda, At present- Village - Mahisaudi, P.S. and District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Jamui P.S. Case No. 404 of 2020 registered for the offence under Sections 363, 366A, 34 of the Indian Penal Code and Sections 8 and 10 of the POCSO Act.

The petitioner along with his parents alleged to have abducted the minor daughter of the informant. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. In fact, there was love affairs between the petitioner and the victim and both were inclined to get married to each other. Moreover, the victim

Patna High Court CR. MISC. No.22378 of 2021(3) dt.16-11-2021 2/2 herself has refused to get medically examined, which is evident from the medical report itself. It is further submitted that charge-sheet in this case has been submitted on 27.09.2020. The co-accused, namely, Asharfi Devi and Rajendr Kewat, who happen to be mother and father of the petitioner, have already been granted anticipatory bail by the court below itself. The petitioner is rotting in judicial custody since 18.10.2020.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 404 of 2020/ G.R. No. 2390 of 2020. (Rajesh Kumar Verma, J) braj/- U T