Mani Kumar @ Mani Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31850 of 2024 Arising Out of PS. Case No.-771 Year-2023 Thana- DHANARUA District- Patna ====================================================== Mani Kumar @ Mani Kumar Yadav S/o Ajay Kumar @ Ajay Yadav @ Manjhi Yadav R/o vill - Chhotaki Math, P.S. - Dhanarua, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lallu Prasad, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Dhanarua P.S. Case No. 771 of 2023 instituted for the offence under Sections 341, 342, 354A, 354B, 354D, 504 & 506 of the Indian Penal Code and Sections 8 & 10 of the POCSO Act. 3.

Prosecution case in short is that petitioner has done wrong acts with the daughter of the informant, when she was returning from her school. On ruckus, accused fled away. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11-12-2023. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.31850 of 2024(2) dt.26-04-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that no such occurrence ever took place and the petitioner has been made a scapegoat due to village politics. It is also submitted that none of the sections alleged in the FIR is made out against the petitioner. It is lastly submitted that charge sheet has already been submitted in this case and charge is also famed.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge being framed, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhanarua P.S. Case No. 771 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.31850 of 2024(2) dt.26-04-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T