Patna High CourtCR. MISC./19497/2020allowed

Manoj Kumar @ Manoj Yadav v. The State Of Bihar

2020-06-18Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19497 of 2020 Arising Out of PS. Case No.-22 Year-2019 Thana- MAHILA PS District- Gaya ====================================================== MANOJ KUMAR @ MANOJ YADAV Son of Tulsi Yadav Resident of Village - Amkola, P.S.- Mohanpur, District - Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-06-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is an accused in connection with Mahila P.S. Case No. 22 of 2019 for the offence registered under Sections 341, 342, 323, 354, 376(D) and 376(DA) /34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the first information report and he has falsely been implicated in connection with the present case. It is further submitted that even the victim girl in her statement under Section 164 Cr.P.C. has not taken the name of the petitioner. It is further submitted that the first information report has been lodged after delay of 10 days. It is further submitted that the name of the petitioner has surfaced on the basis of the

Patna High Court CR. MISC. No.19497 of 2020(2) dt.18-06-2020 2/2 confessional statement made before the police by co-accused Devlal Yadav on the ground of enmity as the same is evident from annexure -2. It is further submitted that the petitioner has no criminal antecedent and the he is in custody since 03.08.2019.

Having considered the above facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing personal bond to the satisfaction of Special Judge (POCSO ACT), Gaya in connection with Mahila P.S. Case No. 22 of 2019.

(Arvind Srivastava, J) Jagdish/- U T