Manoj Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34108 of 2023 Arising Out of PS. Case No.-297 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Manoj Baitha Son Of Late Munna Baitha Resident Of Village- Belwa Ray, Belghati, Ps- Turkauliya, Distt- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :
Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Turkauliya P.S. Case No. 297 of 2023 registered for the offence under Sections 370, 370(A), 371, 372, 373, 504, 506/34 of the Indian Penal Code, under Sections 75 and 79 of the J.J. Act and under Sections 06 and 08 of the POCSO Act.
The accused/petitioner is named in the F.I.R. and is in custody since 26.03.2023.
The allegation against the petitioner is to kidnap the minor daughter of informant and there is also allegation of human trafficking.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.34108 of 2023(2) dt.26-06-2023 2/3 submitted that petitioner falsely implicated with present case for the reason that the mother of alleged minor victim work with petitioner in his orchestra having money dispute. It is submitted that occurrence took place out of recovery of Rs. 35,000/- (Rupees Thirty-five Thousand only) which was alleged to be taken as an advance by mother of the victim for the performance of victim in orchestra, where out of certain disputes, present false implication was raised against this petitioner. While concluding the argument, it has been submitted that petitioner found involved in one more criminal case subsequent to present case and, therefore, he was shown as a man of clean antecedent at the time of filing of present bail petition and moreover, investigation of this case has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as apparently informant and petitioner are known to each other, having money dispute, being employer and employee, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 26.03.2023, let the petitioner, above named, is directed to be released on bail in
Patna High Court CR. MISC. No.34108 of 2023(2) dt.26-06-2023 3/3 connection with Turkauliya P.S. Case No. 297 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of 6th Additional Sessions judge-cum-Special Judge, POCSO, Motihari, East Champaran/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.
(Chandra Shekhar Jha, J) pooja/- U T