Santosh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14616 of 2020 Arising Out of PS. Case No.-191 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== SANTOSH MANJHI Son of Late Dasaee Manjhi Resident of Village - Basudewpur Sarai, P.S.- Sahebganj, Distt - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yugal Kishore, Adv.
For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-09-2020 Heard the learned counsel for the petitioner and Sri Uma Shankar Prasad Singh, the learned APP for the State.
This is an application for grant of anticipatory bail in connection with Sahebganj P.S. Case No. 191 of 2019 registered for the offence punishable under Sections 363 and 366A/34 of the Indian Penal Code.
The case of the prosecution in brief is that on 02.05.2019, the daughter of the informant had gone out for natural call, however, upon hearing noise, the informant had gone to the place of occurrence and had seen that the accused persons
Patna High Court CR. MISC. No.14616 of 2020(3) dt.09-09-2020 2/3 including the petitioner had forcibly taken away her daughter in a bolero vehicle and fled away. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted by referring to the statement made by the victim girl under Section 164 Cr.P.C. before the learned Magistrate that the victim girl has not named the petitioner to be one of the kidnapper and in fact, she has taken the name of the coaccused person, namely, Sonu Kumar, to be the main person, who had kidnapped her.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available in the case diary, it is apparent that the victim girl has named Sonu Kumar and four unknown persons to be the person, who had kidnapped her, hence, this Court
Patna High Court CR. MISC. No.14616 of 2020(3) dt.09-09-2020 3/3 is of the opinion that custodial interrogation of the petitioner herein as also steps regarding Test Identification Parade are required to be undertaken qua the petitioner herein and moreover, the medical board has also reported the age of the girl to be in between 16 to 17 years, hence, it is apparent that the complicity of the petitioner cannot be ruled out in the alleged offence, as is also borne out from the materials in the case diary, thus, I do not deem it fit and proper to consider the prayer of the petitioner for grant of anticipatory bail. Accordingly, the present petition stands dismissed.
(Mohit Kumar Shah, J) Ajay/- U T