Ravi Kishan Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30391 of 2024 Arising Out of PS. Case No.-150 Year-2023 Thana- GARKHA District- Saran ====================================================== Ravi Kishan Manjhi Son of Birendra Manjhi Resident of Village- Pithaghat, P.S.- Garkha, District- Saran-841202 ... ... Petitioner/s
Versus
1.
The State of Bihar BIHAR 2.
Victim D/o Ajay Rai R/o vill - Piraghat, Rampur, P.S. - Garkha, Distt. - Saran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raushan, Adv.
Mr.Sahil Kumar, Adv.
For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Garkha P.S. Case No. 150 of 2023, registered for the offences punishable under Sections 341, 448, 323, 354(B), 504, 379 r/w section 34 of the IPC and sections 8, 10 and 12 of POCSO Act.
3. As per allegation, on 25.02.2023 at 9 PM, when the informant went to her terrace, the petitioner came there and started outraging her modesty. The informant started shouting upon which her father came there and the petitioner fled away. Further, when the family members of the informant went to
Patna High Court CR. MISC. No.30391 of 2024(6) dt.09-09-2024 2/3 petitioner's house to inquire about the matter, the petitioner and his family members started assaulting her parents and grandmother, with an intention to kill them and thereafter, coaccused Birendra Manjhi snatched her silver chain from her neck.
4. Learned counsel for the petitioner has submitted that the second occurrence is stated to have taken place on 18.10.2023 and the FIR has been lodged on 20.03.2023 which falsifies the entire allegation. Even it is assumed to be true that the occurrence had taken place on 23.03.2024, even then there is a delay of one month in lodging of the FIR as the first occurrence had taken place on 25.02.2023. He has submitted further that as a matter of fact, the relationship between the alleged victim and the petitioner was consensual. The petitioner is under custody since 18.01.2024.
5. On the other hand, the learned APP for the State has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances clean antecedents as well as the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional
Patna High Court CR. MISC. No.30391 of 2024(6) dt.09-09-2024 3/3 Sessions Judge VI-cum-Special Judge POCSO Act, Saran, Chapra in connection with Garkha P.S. Case No. 150 of 2023, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) kundan/- U T