Ghutar Manjhi @ Govind Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38780 of 2019 Arising Out of PS. Case No.-21 Year-2019 Thana- MAHILA P.S. District- Sheikhpura ====================================================== 1.

GHUTAR MANJHI @ GOVIND MANJHI Son of Sri Naresh Manjhi Resident of Village - Hanumanganj, P.S.- Ariyari, Distt - Sheikhpura. 2.

Naresh Manjhi Son of Late Rupan Manjhi Resident of Village - Hanumanganj, P.S.- Ariyari, Distt - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Mahila P.S. Case No. 21/2019, instituted for offences under Section(s) 363, 376 and 120(B)/34 of the Indian Penal Code read with Section 4 of POCSO Act.

It is alleged in the written report that daughter of informant went on 21.04.2019 somewhere without information. The informant was informed by villagers of Dhankaul on 23.04.2019 that her daughter has been found and they have kept her daughter. Learned counsel for the petitioner has submitted that the victim, on recovery, has given statement under Section 164 Cr.P.C. (Annexure-2) wherein she has stated that she had left the house of her uncle on 21.04.2019 without informing him because her aunt

Patna High Court CR. MISC. No.38780 of 2019(2) dt.28-06-2019 2/2 had beaten her. She wanted to go to Gaya but had lost the way and reached Sheikhpura More where a boy, namely, Rahul, met with her, who took her in his house but did not commit any illegal act with her. It is further submitted that victim has not taken name of these petitioners in her statement.

From the statement of victim recorded under Section 164 Cr.P.C., it appears that victim has not taken name of these petitioners.

Petitioners are in custody since 24.04.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge 1st-cum-Special Judge, POCSO Act, Sheikhpura, in connection with Mahila P.S. Case No. 21/2019, subject to the conditions that both the bailors shall be the close relative of the petitioners.

(Sanjay Priya, J) rakhi/- U T