Patna High CourtCR. MISC./55727/2015rejected

Arun Manjhi v. The State Of Bihar

2016-05-10Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55727 of 2015 Arising Out of PS.Case No. -75 Year- 2015 Thana -SANGRAMPUR District- MUNGER ======================================================

1. Arun Manjhi C/o Chandra Sekhar Manjhi resident of village - Ratanpura, Police Station Sangrampur, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Ranjan For the Opposite Party/s : Mr. Mukesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 376 (D), 354 (B) and 506 of the I.P.C and sections 4 and 8 of the POCSO Act.

Allegedly, the petitioner and co-accused Pankaj Manjhi committed rape with the minor informant. Submission is of false implication and that the medical evidence does not support the prosecution version, the informant is alleged to be aged 11 years but no injury was found on her private part or on her person, no sign of rape was found, hymen was also found intact and after completing investigation charge sheet has been submitted under sections 354 (B) and 506 of

Patna High Court Cr.Misc. No.55727 of 2015 (10) dt.10-05-2016 2/2 the I.P.C and sections 4 and 8 of the POCSO Act. The learned A.P.P. opposes prayer for bail by submitting that the victim in her statement recorded under section 164 of the Cr.P.C. has supported the allegation and further cognizance has been taken under section 374 (D) of the I.P.C. also.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Sangrampur P.S. Case No. 75 of 2015 pending in the court of the Special Judge (POCSO)- Cum- Additional Sessions Judge, 1st, Munger.

However, let the trial be expedited and concluded as per the amended proviso of section 309 of the Cr. P.C. (Jitendra Mohan Sharma, J) Abhay/- U T