Chandan Manjhi @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26250 of 2019 Arising Out of PS. Case No.-144 Year-2018 Thana- PUNPUN District- Patna ====================================================== Chandan Manjhi @ Chandan Kumar, aged about 19 years (Male), Son of Sri Dinesh Manjhi, Resident of Village - Jat Dumari, P.S. - Punpun, District - Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Kumar Singh For the Opposite Party/s :
Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with POSCO Special Case No. 102 of 2018, arising out of Punpun P.S. Case No. 144 of 2018, registered for the offence under Sections 341, 323, 325, 352, 354 and 506 of the Indian Penal Code and under Section 3/11 of the POCSO Act.
As per the F.I.R. on 02.06.2018 at about 3:00 am. accused - Dharmendra Paswan entered into the house of the informant and tried to disrobe her, when she raised alarm, her Mama and father woke up and whereupon scuffle took place between them and in that course, Dharmendra Paswan pointed
Patna High Court CR. MISC. No.26250 of 2019(2) dt.23-04-2019 2/3 gun on her father and Mama. When they started raising alarm, accused - Dharmendra Paswan fled away from there. It has also been alleged that at that time 2-3 persons were present at the roof of the house and out of them one was identified as Chandan Manjhi i.e. present petitioner.
Learned counsel for the petitioner submits that Dharmendra Paswan, has been granted bail by this Court in Criminal Miscellaneous No. 58353 of 2018.
Looking to the entire facts and circumstances of the case, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.D.J.- 1st -cum- Special Judge (POSCO), Patna, in connection with POSCO Special Case No. 102 of 2018, arising out of Punpun P.S. Case No. 144 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without
Patna High Court CR. MISC. No.26250 of 2019(2) dt.23-04-2019 3/3 reasonable explanation, the present order will be treated to have been cancelled.
(Shivaji Pandey, J) pawan/- U T