Udan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15405 of 2024 Arising Out of PS. Case No.-91 Year-2023 Thana- MAKER District- Saran ====================================================== Udan Manjhi, aged about 20 years, Male, Son of Lalan Manjhi, Resident of Village- Bareva Hasanpura, P.S.- Maker, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ankur Prakash Sinha, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Maker PS Case No. 91 of 2023 instituted for the offences punishable under Sections 363, 366(a)/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other accused persons kidnapped the minor daughter of the informant, with an intention to marry her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that the statement of the victim has been recorded under Section 164 of the Code of Criminal Procedure in which she has denied the allegation of kidnapping by the petitioner. Petitioner has got no criminal antecedent as stated in para 3 of the petition and is in

Patna High Court CR. MISC. No.15405 of 2024(2) dt.18-03-2024 2/2 custody since 23.05.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned 11th,Additional Sessions Judge, Saran at Chapra dated 18.08.2023, it appears that petitioner is named in the FIR. The victim has stated in her statement under Section 164 of the Cr.P.C. that she voluntarily went with the petitioner due to some altercation with her mother on her own volition and free will. There is no any sign of sexual assault against the petitioner. Chargesheet has already been submitted in this case. Considering the statement of the victim recorded under Section 164 of the Cr.P.C. and the material available on record as submitted by learned counsel for the petitioner, accordingly the prayer for bail of the petitioner is allowed. 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 the learned Additional Chief Judicial Magistrate-XIII, Chapra in connection with Maker PS Case No. 91 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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