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Patna High CourtCR. MISC./49470/2019bail rejected

Ranjit Manjhi v. The State Of Bihar

2019-08-07Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49470 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Ranjit Manjhi Son of Muneshwar Manjhi, Resident of Village - Balhi, P.S.- Turkauliya, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Turkauliya P.S. Case No. 3 of 2019 registered for offence punishable under sections 376/511 of the Indian Penal Code and 4/8 of POCSO Act.

As per FIR, the grand-daughter of the informant is aged about 12 years was playing with other girls and some of the girls informed that the petitioner had lifted the granddaughter of informant and took her towards bamboo clap. The informant went there and found the petitioner tried to commit rape on her granddaughter after putting palm on her mouth. When she raised voice, the petitioner fled away from there leaving her granddaughter in half naked condition.

Patna High Court CR. MISC. No.49470 of 2019(2) dt.07-08-2019 2/2 The learned counsel for the petitioner submits that this case has been filed on account of enmity, as both sides are neighbour and only to settle the score, this false case has been lodged against the present petitioner, inasmuch as no statement of victim girl has been recorded under section 164 Cr.PC and there is no such material has come showing implication of the petitioner in the aforesaid incident.

Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, the Senior Superintendent of Police, East Champaran, Motihari will see that there should be a proper investigation in this case. (Shivaji Pandey, J) Mahesh/- U T