Lakshman Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39358 of 2018 Arising Out of PS.Case No. -3 Year- 2018 Thana -MAHILA PS District- JEHANABAD ====================================================== Lakshman Manjhi, Son of Pappu Manjhi, Resident of Village- Babhana, Police Station and District- Jehanabad.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Jehanabad Mahila P.S. Case No.03 of 2018 registered for the offences punishable under Sections 341, 342, 376, 511/34 of the Indian Penal Code and section 8/12 of POCSO Act. It is alleged that when the victim girl aged about 12 years had gone outside her house to bring water, this petitioner along with other co-accused took her away in a school premises and tried to commit rape on her. On hulla, her father came and the accused persons fled away.
It has been submitted that this petitioner has been implicated in the present case on account of village politics. The
Patna High Court Cr.Misc. No.39358 of 2018 (3) dt.24-07-2018 allegation against the petitioner is omnibus. The other coaccused, namely, Babloo Manjhi has been allowed bail by one of the coordinate bench of this court in Cr.Misc.No.38576 of 2018 on 09.07.2018. The case of this petitioner stands on similar footing. He is in custody since 07.03.2018 having clean antecedent and so he deserves bail.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge I-cumSpecial Judge, Jehanabad in connection with Jehanabad Mahila P.S. Case No.03 of 2018, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without
Patna High Court Cr.Misc. No.39358 of 2018 (3) dt.24-07-2018 showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U