Amar Nath Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32719 of 2021 Arising Out of PS. Case No.-352 Year-2020 Thana- PARSA District- Saran ====================================================== AMAR NATH MANJHI SON OF JUGESHWAR MANJHI RESIDENT OF VILLAGE- MARAR, P.S.- PARSA, DISTRICT- SARAN AT CHAPRA (BIHAR).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Parsa P.S. Case No. 352 of 2020 instituted for the offences under Sections 363 and 366(A)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 01.02.2021, is a person with clean antecedent and charge-sheet has been submitted in this case. The informant in the FIR alleges that his minor daughter was kidnapped by the petitioner for purpose of marriage and the petitioner was helped in the occurrence by Yugeshwar Manjhi and Sugawa Devi.

Patna High Court CR. MISC. No.32719 of 2021(2) dt.10-01-2022 2/2 Learned counsel for the petitioner submits that the statement of the victim was recorded under Section 164 Cr.P.C. wherein she stated her age as 19 years and even the learned court below assessed her to be of 19 years of age as recorded in the impugned order and the victim in her statement stated that she eloped with the petitioner and performed Court marriage. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 01.02.2021, charge-sheet has been submitted in this case, the petitioner is a person with clean antecedent and the victim in her statement under Section 164 Cr.P.C. has not supported the prosecution case let the petitioner above named be released on bail on furnishing bail bond of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Saran at Chapra in connection with Parsa P.S. Case No. 352 of 2020.

(Satyavrat Verma, J) Kundan/- U T