Patna High CourtCR. MISC./14495/2022bail granted

Suraj Manjhi @ Suraj Kumar v. The State Of Bihar

2022-07-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14495 of 2022 Arising Out of PS. Case No.-165 Year-2021 Thana- GAUNAHA District- West Champaran ====================================================== SURAJ MANJHI @ SURAJ KUMAR Son of Awalesh Manjhi R/O Village - Pipariya, P.S.- Gaunaha, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 366A/34 of the Indian Penal Code and Section 8 of the POCSO Act. Petitioner and co-accused persons are said to have kidnapped the victim for the purpose of marriage. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to village politics. The instant case has been filed by

Patna High Court CR. MISC. No.14495 of 2022(2) dt.05-07-2022 2/2 the informant as a mistake of fact. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 08.08.2021.

The victim in her statement recorded under Section 164 Cr.P.C. has not stated the name of the petitioner. The POCSO Act is not applicable.

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

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, 7th -cum-Special Judge, POCSO, Bettiah, Bettiah, West Champaran, in connection with Gaunaha P.S. Case No. 165 of 2021. The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T