Raju Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29329 of 2015 Arising Out of PS.Case No. -164 Year- 2005 Thana -KATEYA District- GOPALGANJ ======================================================

1. Raju Manjhi S/o Nagina Manjhi Resident of Village Baherwa, P.S. Kateya, District Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Dubey For the Opposite Party/s : Mr. Sunil Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kateya P.S. Case No. 164 of 2005 registered for the offences punishable under Sections 363, 366A and 379 of the Indian Penal Code. Allegedly the petitioner has kidnapped the daughter of the informant with cash of Rs. 6,000/- and ornaments of mother of the victim girl.

Submission is of false implication and that the petitioner and the victim girl both are living as husband and wife and to this effect Guria Kumari, the victim has filed petition in the court below wherein, she has not stated regarding taking away the cash and ornaments and, as such, the petitioner suffering in custody since 21.04.2015, deserves sympathetic consideration to which the learned A.P.P. opposes by submitting that the petitioner

Patna High Court Cr.Misc. No.29329 of 2015 (3) dt.29-10-2015 2/2 has been declared absconder and accordingly, chargesheet was submitted and further in the court also he had been declared absconder on 12.01.2010 but fairly submits that the victim of the case has appeared before the court below stating that she voluntarily went with the accused person and married to him and has given birth of three children out of the wedlock, which is evident from the impugned order itself.

In the facts and circumstances stated above, as victim girl has appeared before learned ADJ III, Gopalganj and has stated as above and, as such, now the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Gopalganj arising out of Kateya P.S. Case No. 164 of 2005 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U