Raghunath Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23535 of 2019 Arising Out of PS. Case No.-196 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

Raghunath Manjhi, aged about 75 years, Male, Son of Jhokhu Manjhi, Resident of Village Luhasi, Police Station Uchkagaon, District Gopalganj 2.

Dhiran Manjhi @ Hiran Manjhi, aged about 19 years, Male, Son of Raghunath Manjhi, Resident of Village Luhasi, Police Station Uchkagaon, District Gopalganj 3.

Oshihar Manjhi, aged about 28 years, Male, Son of Raghunath Manjhi Resident of Village Luhasi, Police Station Uchkagaon, District Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2019 Heard both sides.

Petitioners apprehend their arrest in Uchkagaon P.S. Case No.196 of 2018, registered under Sections 366A and 34 of the Indian Penal Code.

The informant alleged that the petitioners and others kidnapped his minor daughter.

Learned counsel for the petitioners submits that the informant is not an eye witness of the occurrence. The victim appeared and made her statement under Section 164 Cr.P.C. She disclosed that she aksed Biran Manjhi to take her along with him and on such Biran Manjhi took her to Lucknow. She further

Patna High Court CR. MISC. No.23535 of 2019(2) dt.11-04-2019 2/2 disclosed that Biran Manjhi has got no fault. She accompanied her out of her free will. It is submitted that Biran Manjhi has already been granted regular bail. Petitioners are father and brothers of Biran Manjhi. The victim did not name the petitioners in her statement recorded under Section 164 Cr.P.C. Having considered the facts aforesaid and the fact that the victim did not name the petitioners in her statement recorded under Section 164 Cr.P.C. and the victim denied the factum of her kidnapping, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., IX, Gopalganj in connection with Uchkagaon P.S. Case No.196 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T