Manoj Ram @ Manoj Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49123 of 2023 Arising Out of PS. Case No.-279 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== Manoj Ram @ Manoj Kumar Ram Son Of Sikandar Ram Village Sajjanpura, Ps- Bahera, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sameer Ranjan, Advocate For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 28.09.2022 in connection with Bahera P.S. Case No. 279 of 2022, F.I.R. dated 27.06.2022 for the offences punishable under Sections 366(A) and 34 of the Indian Penal Code.

3. According to prosecution case, informant's daughter went outside from her house for some work but she not return. After that informant started searching the victim girl. During search, the petitioner along with his associates are alleged to have abducted the daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.49123 of 2023(3) dt.21-08-2023 2/2 petitioner has not committed any offence as alleged in the F.I.R. He further submits that the victim was recovered and her statement was recorded under Section 164 of the Cr.P.C., in which she has categorically stated that the petitioner has not done anything wrong with her. So, no case is made out against the petitioner.

5. Vide order dated 08.08.2023, a report was called for with regard to present stage of the trial. Report dated 11.08.2023 of the learned trial court reveals that out of seven charge-sheeted witnesses, five have been examined and the case is pending for the examination of rest of the witnesses.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

7. Considering the aforesaid facts and report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Bahera P.S. Case No. 279 of 2022 pending in the court of learned Exclusive Special Judge (POCSO Act), Darbhanga.

8. Prayer is refused.

(Rajesh Kumar Verma, J) Aditi U T