Raj Kumar Manjhi @ Raju Kumar Manjhi @ Raju Manjhi v. The State Of Bihar

Patna High Court Cr.Misc. No.19405 of 2018 (2) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19405 of 2018 Arising Out of PS.Case No. -130 Year- 2013 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Raj Kumar Manjhi @ Raju Kumar Manjhi @ Raju Manjhi, son of Shiva Narayan Manjhi, Resident of Village- Sirsa Colony, Sirsa Khep, Police Station- Motihari Muffasil, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s :Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 05.04.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Motihari Mufassil P. S. case no. 130/2013 registered under sections 366(A) and 120 (B) of the IPC.

Petitioner is not named in the FIR but from perusal of the impugned order, I find that the victim girl was recovered from the house of the petitioner.

Submission on behalf of the petitioner is that when main accused Dinesh Manjhi learnt that father of the victim has lodged the case, main accused Dinesh Manjhi brought the victim to the house of the petitioner but unfortunately,

Patna High Court Cr.Misc. No.19405 of 2018 (2) dt.05-04-2018 police raided the house of the petitioner and recovered the victim from the house of the petitioner. It is further submitted that the petitioner happens to be own maternal uncle of the victim and, as a matter of fact, victim has also not made any allegation against the petitioner in her statement recorded under section 164 Cr.P.C which is evident from perusal of annexure 2 to this petition. Considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in Motihari Mufassil P. S. case no. 130/2013 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T