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Patna High CourtCR. MISC./39408/2025bail granted

Manjit Kumar @ Manjeet Kumar v. The State Of Bihar

2025-07-09Mr. Justice Chandra Prakash Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39408 of 2025 Arising Out of PS. Case No.-290 Year-2025 Thana- NAGAR District- Vaishali ====================================================== Manjit Kumar @ Manjeet Kumar S/o Jagarnath Mahto Resident of MohallaHathsarganj, P.S- Hajipur town, District- Vaishali at Hajipur Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sanju Devi W/o Sri Pappu Ram R/o Mohalla - Ganjpathan Toli, ward no. 7, P.S.- Hajipur (Town), Distt.- Vaishali at Hajipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar, Adv.

For the Opposite Party/s :

Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Hajipur Town P.S. Case No. 290 of 2025 dated 16.03.2025 registered for the offences punishable u/ss 333, 126(2), 115(2), 118(1), 109, 76, 352, 351(2) read with Section 3(5) of the B.N.S. and Section25(1-B) (a), 26 of the Arms Act and Sections 3(1)(r) and 3(1)(s) of the SC and ST (PoA)Act and Sections 8 & 12 of the Prevention of Children from the Sexual Offence Act.

3. As per the prosecution case, on 15.03.2025 at

2/4 about 06:00 P.M. when the informant was in her shop alongwith her daughter situated at Bala Das Math then one Munna Sahani and Manjit Kumar (petitioner) came at her shop and asked cigarette and Gutkha and on refusal of the Informant upon which they abused her by calling her caste name and outraged her modesty and her daughter. When the Informant raised alarm then they abused her and threatened her to kill. It is further alleged that on the same day at about 08:00 P.M.

the aforesaid accused persons came alongwith the co-accused, Navin Sahani, Jhallu Sahani, Ankit Kumar and elder son of Jairam Sahani and 5-7 unknown persons armed with knife, sword, country made pistol and other weapons came at her door and abused her and entered her house and outraged her modesty and caught hold hand of her daughter and pulled her with bad intention and tried to take her away upon which her gotni Kavita Devi, her husband Pappu Ram and her nephew Niraj Kumar tried to save them then all the accused persons gave a knife blow upon three aforesaid persons with intention to kill them due to which they became injured and on alarm when the people of vicinity assembled there then all the accused persons fled away after leaving their motorcycles and pistol.

4. Learned counsel for the petitioner has submitted

3/4 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused in this case merely on suspicion. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that a compromise has taken place between the parties and a copy of the compromise petition is annexed as Annexure-2 with the bail petition. It is further submitted that no member of public was present at the relevant point of time of the incident and hence, no offence under provisions of SC/ST Act is made out against the petitioner. The petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Hajipur, Vaishali in connection with Hajipur Town

4/4 P.S. Case No. 290 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T