Jitendra Manjhi @ Jitendra Kumar Manjhi @ Jitendra Kr. Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47695 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- SATHI District- West Champaran ====================================================== JITENDRA MANJHI @ JITENDRA KUMAR MANJHI @ JITENDRA KR. MANJHI S/O BALIRAM MANJHI R/O VILLAGE- DANIYAL PARSAUNA, P.S- SATHI, DISTT.- WEST CHAMPARAN. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR BIHAR 2.

KRISHANMOHAN SAH S/O LATE EAGRASHAN SAH R/O VILLAGEDANIYAL PARSAONA, P.S- SATHI, DISTT.- WEST CHAMPARAN. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Gupta For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2024 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 Sathi P.S. Case No. 14 of 2024 dated 25.01.2024 registered for the offences punishable u/s 366A read with section 34 of the Indian Penal Code and the charge sheet has been submitted u/ss 363, 366A, 376 of the IPC and section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage or selling her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.

Patna High Court CR. MISC. No.47695 of 2024(2) dt.30-07-2024 2/2 There was love affair between the petitioner and the victim. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that no one kidnapped her and she also stated that her brother assaulted her severely due to that she left the house. There is nothing on record showing that the victim was forced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.02.2024.

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 above-named, 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, West Champaran, Bettiah in connection with Sathi P.S. Case No. 14 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

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