Ghutar Manjhi @ Rakesh Manjhi @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22767 of 2024 Arising Out of PS. Case No.-138 Year-2020 Thana- KIUL District- Lakhisarai ====================================================== GHUTAR MANJHI @ RAKESH MANJHI @ RAKESH KUMAR SON OF LATE CHALITAR MANJHI R/O-GULANI DARHISIR, P.S.-KIUL DISTT.- LAKHISARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Kumar Sinha For the Opposite Party/s :
Mr.J.N.Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-07-2024 Heard the learned counsel for the petitioner and learned APP for the State.
2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 363 and 366(A) of the Indian Penal Code, registered in connection with Kiul P.S.Case No. 138 of 2020 (G.R.No.1646 of 2020).
3. As per allegation, the petitioner along with others eloped with the victim to solemnize marriage with her.
4. The learned counsel for the petitioner has submitted from perusal of para-94 of the case diary that in school register the date of birth of the victim is recorded as 11.03.2002, whereas the date of occurrence is 07.11.2020 which shows that she was major at the time of occurrence.
Patna High Court CR. MISC. No.22767 of 2024(3) dt.04-07-2024 2/2
5. By drawing my attention towards para-29 of the case diary, the learned counsel for the petitioner has submitted that the victim herself stated that she went with the petitioner, who left her at the railway station and he went therefrom.
6. On the other hand, Mr. J.N.Thakur, the learned APP has opposed the prayer for bail by submitting that in her statement under Section 164 of the CrPC, the victim has corroborated the allegation attributed to the petitioner.
7. Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Kiul P.S.Case No.138 of 2020(G.R.Case No.1646 of 2020), subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) HR/- U T