Raghav Manjhi @ Raghubar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30147 of 2025 Arising Out of PS. Case No.-418 Year-2022 Thana- BHORE District- Gopalganj ====================================================== Raghav Manjhi @ Raghubar Manjhi S/o Nageshwar Manjhi R/o VillageBairouna, P.S.- Bhore, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Santara Khatoon D/o Late Shahid Mansuri R/o vill - Luhsi, P.S.- Bhore, Post - Lamichor, Distt.- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-07-2025 Heard Mr. Javed Aslam, learned counsel for the petitioner and Mr. Dinesh Singh, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 30.08.2022, in connection with Bhore P.S. Case No. 418 of 2022, FIR dated 27.08.2022 registered for the offence under Sections 376(DA) of the Indian Penal Code and 4,6 POCSO Act and after investigation the police submitted charge-sheet under sections 376(DA)/34 of Indian Penal Code and 4,6 of POCSO Act and 67(A) (B) I.T. Act against the petitioner.

3. According to the prosecution case, the petitioner along with other accused persons committed rape upon the informant.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in this case due to village politics. He further submits that

Patna High Court CR. MISC. No.30147 of 2025(3) dt.18-07-2025 2/2 the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

5. Learned A.P.P. for the State on the basis of materials available on record and case diary has vehemently opposed the prayer for bail of the petitioner and submits that statement of the victim was recorded under Section 164 Cr.P.C/183 Cr.P.C in which she has categorically stated that the petitioner along with other accused persons have sexually exploited her and apart from that medical report of the victim suggest that she has been sexually exploited by accused persons and age of victim was found 16-17 years in the medical report.

6. Considering the facts and circumstances of the case and the fact that there is direct and specific allegation against the petitioner that he committed rape upon the victim and the victim has supported her case in her statement recorded under 164 Cr.P.C/183 BNSS and medical report of the victim suggest that the allegation levelled against the petitioner is correct, I am not inclined to enlarge the petitioner on bail in connection with Bhore P.S. Case No. 418 of 2022 pending in the Court of VIth,Additional Sessions Judge-cumSpl. Judge POCSO, Gopalganj.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Suruchi/- U T