Biran Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61623 of 2018 Arising Out of PS.Case No. -196 Year- 2018 Thana -UCHAKAGAON District- GOPALGANJ ======================================================
1. Biran Manjhi, Son of Raghunath Manjhi @ Raghunah Manjhi, R/o Village- Luhasi, P.S. Uchakagaon, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-10-2018 Heard both sides.
The petitioner seeks bail in Uchakagaon P.S. case No.196 of 2018 registered under Section 366A/34 of the Indian Penal Code.
The father of the victim alleged that petitioner enticed his minor daughter for the purpose of marriage with the help of other accused persons.
The learned counsel for the petitioner submits that victim herself made her statement under Section 164 of the Cr. P.C and she denied the factum of her kidnapping. She disclosed that she came out from her house and called the petitioner and persuaded him to accompany her to Gaziabad. While she was returning along with petitioner she was apprehended in Lucknow
Patna High Court Cr.Misc. No.61623 of 2018 (2) dt.08-10-2018 2/2 and brought to her village. The victim did not complain any ill treatment at the hands of the petitioner.
The learned counsel for the informant as well as the learned A.P.P. vehemently opposed the prayer for bail and submitted that victim is a minor.
Considering the facts that, of course, father of victim made allegation against the petitioner of kidnapping but the victim herself made statement under Section 164 of the Cr. P. C. and she denied to have factum of her kidnapping and she went along with petitioner to different places but she did not raise any complaint about ill treatment at the hands of the petitioner, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IX, Gopalganj in connection with Uchakagaon P.S. case No.196 of 2018.
(Prabhat Kumar Jha, J) BKS/- U T