Sanjay Manjhi @ Sanjay Kumar Majhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36262 of 2022 Arising Out of PS. Case No.-47 Year-2021 Thana- MATIYARIA District- West Champaran ====================================================== 1.

Sanjay Manjhi @ Sanjay Kumar Majhi Son of Tufani Manjhi @ Goad Manjhi, Resident of ward No.- 1, Village - Ekderwa, P.S. - Matiyaria, District - West Champaran.

2.

Tufani Manjhi @ Goad Manjhi Son of Late Bagdi Majhi, Resident of ward No.- 1, Village - Ekderwa, P.S. - Matiyaria, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vatsal Verma, Adv.

For the Opposite Party/s :

Mrs. Indu Kumari Srivastava, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Matiyaria P.S. Case No. 47 of 2021, lodged under Sections 366(A) read with Section 34 of the Indian Penal Code and Section 8 & 12 of the POCSO Act.

As per prosecution case, the informant has alleged that her daughter was went for natural call in the morning of 27.06.2021 in the meantime named accused persons reached there and kidnapped his daughter.

Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. He submits that the antecedent of petitioners are clean and they are in

Patna High Court CR. MISC. No.36262 of 2022(4) dt.01-12-2022 2/2 custody since 01.05.2022, charge sheet has already been filed in this case. He further submits that on previous occasion the case diary and statement under Section 164 of Cr.P.C. has been called for.

Learned counsel for the State opposes the prayer for bail and submits that statement under Section 164 of Cr.P.C. has been received in which the alleged victim has been recovered and she had not disclosed any material against the petitioners and submits that she eloped by her own and went to the house of her relative. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge - VII, Bettiah, West Champaran in connection with Matiyaria P.S. Case No. 47 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T