Ravi Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50575 of 2022 Arising Out of PS. Case No.-112 Year-2022 Thana- BARAULI District- Gopalganj ====================================================== Ravi Manjhi Son of Munna Manjhi R/V- Sisai, P.S- Barauli, Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohammad Suifyan, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-12-2022 The matter has been taken-up through video conference. Heard learned counsel for the petitioner and learned A.P.P for the State.
Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with a case registered for the offence punishable under Sections 363, 364/34 of the Indian Penal Code.
Allegation against the petitioner-husband and other coaccused person is that they had beaten the informant's sister, who was missing since the evening of 21.03.2022, due to which the petitioner has been made accused in this case. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.50575 of 2022(2) dt.16-12-2022 2/3 petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has antecedent of one case, which was lodged by the brother of the informant bearing Barauli P.S. Case No.130 of 2019, punishable under Section 363, 366A/34 of the Indian Penal Code, in which he has been granted bail by the Subordinate Court. It is submitted that the victim had also filed an affidavit dated 21.05.2019, before the learned First Addl. District & Sessions Judge, Gopalganj at the hearing of the petitioner's anticipatory bail, filed in Barauli P.S. Case No. 130 of 2019, stating therein that she is a major girl and she married voluntarily with the petitioner. It is further submitted that on 21.03.
2022, the petitioner's wife along with all valuable articles ran away from the petitioner's house, leaving her little daughter. The petitioner searched his wife, but he could not find her. Thereafter, he informed the local police on 22.03.2022, and also S.P. Gopalganj on 25.03.2022, but no action was taken by them. Thereafter, the petitioner filed a complaint case bearing No. 527 of 2022 on 26.03.2022, before the learned C.J.M., Gopalganj against the informant and his family members, which is pending. It is further submitted that instant F.I.R. has been lodged on 27.03.2022, just after filing of complaint case No. 527 of 2022.
Patna High Court CR. MISC. No.50575 of 2022(2) dt.16-12-2022 3/3 husband-petitioner started looking for his wife from 22.03.2022, itself and that he did not ignore the disappearance of his wife. Further, it is submitted that the petitioner is in custody since 13.04.2022.
Learned A.P.P for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Barauli P.S. Case No. 112 of 2022.
(Khatim Reza, J) shanu/- U T