Upendra Manjhi @ Upendra Kumar Manjhi @ Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50744 of 2023 Arising Out of PS. Case No.-138 Year-2022 Thana- LAUKARIA District- West Champaran ====================================================== Upendra Manjhi @ Upendra Kumar Manjhi @ Upendra Kumar Son of Ganesh Manjhi R/O Village- Dudhaura, Jhikri Tola, Ps. Laukariya, Dist. West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar,Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Laukariya P.S Case No. 138 of 2022 dated 21.12.2022 registered for the offence punishable u/s 363, 366A, 323, 504, 34 of the Indian Penal Code & Section 8 of the POCSO Act.

4. As per the prosecution case, the petitioner and the coaccused are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.50744 of 2023(2) dt.17-08-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the Medical Board has assessed the age of the victim in between 15 to 17 years. Learned counsel has further submitted that there is no material on record which shows 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 25.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.

7. 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, in connection with Laukariya P.S. Case No. 138 of 2022.

8. The application stands allowed.

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