Patna High CourtCR. MISC./23140/2020bail granted

Prasad Manjhi v. The State Of Bihar

2021-02-24Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23140 of 2020 Arising Out of PS. Case No.-193 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== PRASAD MANJHI Son of Late Sheodhar Manjhi Resident of VillageBalganga, P.S.- Turkaulia (Raghunathpur), District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner hereby undertakes to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner, who is in custody since 25.03.2019, has renewed his prayer for bail in connection with POCSO Trial No.36 of 2019 corresponding to Turkauliya (Raghunathpur) P.S. Case No. 193 of 2019, having earlier been rejected by order dated 27.11.2019 in Cr.Misc. No. 42751 of 2019 for the alleged offences under Sections 323, 354(B), 376 and 511 of the Indian Penal Code and Section 4/6 of the POCSO Act.

Patna High Court CR. MISC. No.23140 of 2020(3) dt.24-02-2021 2/3

3. It is submitted that the petitioner has been falsely implicated in the backdrop of dispute as the informant used to sell liquor. It is submitted that the petitioner has already suffered almost two years in custody.

4. Pursuant to the order dated 20.01.2021, a status report has been received in which it is stated that charges have been framed on 05.08.2019. It is stated that five prosecution witnesses including the informant have been examined, while one of the cited witnesses is said to have died. Even though the informant has supported the prosecution case in his examination-in-chief, he has admitted the innocence of the accused in his cross-examination. Other witnesses have not supported the prosecution case and have been declared hostile. The petitioner is accused in one prior case of different nature in which he is on bail.

5. Learned APP appears and has been heard.

6. Be that as it may and having regard to the period of custody already suffered since 25.03.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO Act, East Champaran at Motihari in connection with POCSO Trial

Patna High Court CR. MISC. No.23140 of 2020(3) dt.24-02-2021 3/3 No. 36 of 2019 corresponding to Turkauliya (Raghunathpur) P.S. Case No. 193 of 2019, if he is not otherwise required in any other case.

7. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T