Pavitra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39674 of 2022 Arising Out of PS. Case No.-77 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== Pavitra Manjhi Son Of Harichander Manjhi @ Haricharan Manjhi R/O Village- Gaush Nagar, P.S.- Gaighat, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner, learned counsel for the State and perused the case diary. The petitioner is in custody in a case registered for the offence punishable under Sections 363, 323 and 506/34 of the Indian Penal Code.

Allegedly, it is a case of kidnapping of the victim by the petitioner along with other accused persons. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the victim was recovered and her statement was recorded under Section 164 of the Cr.P.C. as mentioned in para52 of the case diary wherein she stated about the complicity of the accused persons and not this petitioner and she only stated against this petitioner that he was standing with other accused

Patna High Court CR. MISC. No.39674 of 2022(3) dt.04-01-2023 2/2 persons with a motorcycle but specific allegation of making physical relation with the victim is against Nantun Manjhi and not against this petitioner as well as this petitioner had not taken away the victim rather the other accused persons had taken her away. Petitioner is in judicial custody since 06.03.2021.

Learned APP appearing for the State has opposed the prayer for regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned VI-Additional Sessions Judge-cum-Special Judge, POCSO Act, Muzaffarpur in connection with Gayghat P.S. Case No. 77 of 2021. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T