Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49745 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- ROHTAS District- Rohtas ====================================================== Manoj Kumar S/O Mahendra Paswan R/o village- Samahuta, P.S.- Rohtas , District- Rohtas (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar Singh For the Opposite Party/s :
Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-01-2022 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Rohtas P.S. Case No. 124 of 2020, registered for the offence under Sections 365, 366(A), 370(4), 376(DA), 120B/34 of the Indian Penal Code, Section 4(2)/6 of the POCSO Act, Section 3(2)(V) of SC/ST Act and Section 9, 10, 11 of Prevention of Child Marriage Act. It is submitted on behalf of petitioner that petitioner is not named in the F.I.R. Specific allegation is against F.I.R. named co-accused persons, who have kidnapped the minor daughter of the informant. It is further submitted that the victim, in her statement recorded under Section 164 Cr.P.C., has not alleged any overt act against this petitioner. Similarly situated co-accused persons have already been granted bail by this
Patna High Court CR. MISC. No.49745 of 2021(2) dt.24-01-2022 2/2 Court, vide Annexure-3 and 3/A respectively. Petitioner is in custody since 24.07.2020.
Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances as well as period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 Additional Sessions Judge VII cum Special Judge (POCSO Act & SC/ST Act), Rohtas at Sasaram in connection with POCSO Case No. 47 of 2020, arising out of Rohtas P.S. Case No. 124 of 2020.
(Prabhat Kumar Singh, J) anay/- U T