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Patna High CourtCR. MISC./14006/2023allowed

Manjit Gond v. The State Of Bihar

2023-06-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14006 of 2023 Arising Out of PS. Case No.-333 Year-2022 Thana- SIMRI District- Buxar ====================================================== MANJIT GOND S/O GANESH GOND Resident of Village- Halwa Patti, Dudhi Patti,P.S.- Simari, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rang Nath Choubey, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366/34 of the Indian Penal Code and Section 4 of the POCSO Act. Allegedly, petitioner is said to have helped one Rahul Gond in kidnapping the informant's daughter.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Both the parties are co-villagers. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been living separately from his brother Rahul Gond. It is

Patna High Court CR. MISC. No.14006 of 2023(4) dt.22-06-2023 2/2 further submitted that the statement of the victim has been recorded under Section 164 Cr.P.C., in which she has not taken the name of the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the victim's statement under section 164 Cr.P.C., the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Simari P.S. Case No. 333 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T