Manjit Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14923 of 2022 Arising Out of PS. Case No.-246 Year-2021 Thana- SARAI District- Vaishali ====================================================== MANJIT KUMAR RAM Son of Late Nagdeo Ram Resident of VillageKhilaut, P.S.- Bidupur, District- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Nirmal Kumar Sinha For the Opposite Party/s :

Mrs. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Sarai P.S. Case No. 246 of 2021, for the offence punishable under Section 366/34 of the Indian Penal Code.

As per allegation made in the F.I.R. 19 years old granddaughter of the informant was found missing. After search, the informant got knowledge that accused persons named in the F.I.R. had abducted his granddaughter with illegal motive. The statement of victim under Section 164 Cr.P.C. was recorded in which she has admitted that the present petitioner along with other accused persons have taken her to Delhi, where one co-accused Ajit Kumar compelled her to establish physical relationship, which was objected by her and she could manage to free herself with the help of one neighbour and returned back to her parents home.

Patna High Court CR. MISC. No.14923 of 2022(2) dt.15-06-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that the petitioner has been roped in the present case simply because he the is elder brother of the main accused Ajit Kumar against whom the victim has made allegation of committing repeated rape with her. The victim has not made any allegation against the petitioner that he was also one of the accused, who assaulted her sexually or physically. The petitioner is in custody since 31.10.2021. Ms. Rupa Kumari has tendered her appearance on behalf of informant, she opposed the prayer for grant of bail to the petitioner and submits that victim in her statement has made direct allegation that petitioner was one of the co-accused, who has forcibly took her to Delhi to engage her in some illegal act.

Therefore, the complicity of the petitioner cannot be denied in kidnapping of victim. Learned A.P.P. for the State supported the contention of the learned counsel appearing on behalf of the informant. Considering the nature of allegation made in the F.I.R. as well as the statement of the victim recorded under Section 164 Cr.P.C., it appears that petitioner is the elder brother of the coaccused Ajit Kumar. The victim has made direct allegation againt coaccused Ajit Kumar that he had assaulted her both physically as well as sexually and such allegation has not been made against the petitioner, prima facie, the petitioner has made out a case to be released on bail. The petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs.

Patna High Court CR. MISC. No.14923 of 2022(2) dt.15-06-2022 3/3 Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sarai P.S. Case No. 246 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T