Supan Manjhi @ Sapan Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28532 of 2021 Arising Out of PS. Case No.-356 Year-2020 Thana- KHAIRA District- Saran ====================================================== SUPAN MANJHI @ SAPAN MANJHI Son of Late Jaleshwar Manjhi Resident of Village Jagdishpur, P.S. Khaira, District Saran at Chapra. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-12-2021 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, who is in custody since 05.12.2020, seeks bail in connection with Khaira P.S. Case No. 356 of 2020, for the offence punishable under Sections 363, 366/34 of the Indian Penal Code.
The accusation is of kidnapping of daughter of informant by the accused persons named in the F.I.R., including the petitioner, for the purpose of marriage.
Learned counsel appearing on behalf of the petitioner submits that victim girl has married with Nandan Manjhi @ Nandan Kumar, son of petitioner, according to her sweet will and in this respect, he has also annexed notarized Affidavit
Patna High Court CR. MISC. No.28532 of 2021(2) dt.14-12-2021 2/3 sworn by the victim, namely, Jyoti Kumari and in this regard he has made specific statement in paragraph Nos. 8 and 11. Learned A.P.P. for the State, however, opposes the prayer for grant of bail to the petitioner.
Considering the aforesaid facts and circumstances of the case, it is directed to the learned Court below to verify as to whether any joint petition has been filed on behalf of the petitioner and the victim girl, namely, Jyoti Kumari, daughter of Umesh Manjhi and if such joint petition has been filed or upon filing of such petition, the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Khaira P.S. Case No. 356 of 2020 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
Patna High Court CR. MISC. No.28532 of 2021(2) dt.14-12-2021 3/3 to move for cancellation of bail of the petitioner. (Purnendu Singh, J) manish/- U T