Nitish Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45185 of 2024 Arising Out of PS. Case No.-486 Year-2023 Thana- EKMA District- Saran ====================================================== Nitish Kumar Manjhi SON OF DEV KUMAR MANJHI VILLAGEGOSAIGAON KHUTKARWA, PS- EKMA, DIST- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 366(A), 34 of the IPC. 3.

As per the prosecution case, the petitioner along with another co-accused kidnapped the daughter of informant for the purpose of marriage.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to enmity. There is general and omnibus allegation against the petitioner. He further submitted that the victim has stated in her statement recorded u/s 164 of Cr.PC that the petitioner kidnapped her but she has not stated anything about sexual

Patna High Court CR. MISC. No.45185 of 2024(4) dt.20-09-2024 2/2 assault upon her. He further submitted that charges has been framed against the petitioner on 10.09.2024. The petitioner has no criminal antecedent and is in judicial custody since 16.04.2024.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Ekma P.S. Case No.486 of 2023.

7.

However, the petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Anjani Kumar Sharan, J) shikha/- U T