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Patna High CourtCR. MISC./7837/2021bail granted

Ranjeet Manjhi v. The State Of Bihar

2021-08-12Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.7837 of 2021 Arising Out of PS. Case No.-129 Year-2018 Thana- BARABAR TOURIST DistrictJehanabad ====================================================== RANJEET MANJHI, Son of Late Ram Pyare Manjhi Resident of Village - Alahganj, P.S.- Barabar Parayatan (Bishunganj O.P.), Distt.- Jehanabad. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-08-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P for the State. Petitioner in the present case is seeking regular bail in connection with Barabar Paryatan (Bishunganj O.P.) P.S. Case No. 129 of 2018 registered for the offences punishable under Sections 365, 366(A) and 379 of the Indian Penal Code. He is in custody since 25.08.2020.

Learned counsel for the petitioner submits that it is a case of false acquisition against the petitioner. In fact the victim girl has made her statement at this stage after about two and half

Patna High Court CR. MISC. No.7837 of 2021(4) dt.12-08-2021 2/3 years wherein she has stated that she had gone with this petitioner out of her own love and affection, she was never kidnapped and had married to this petitioner. Both of them were living at Tamil Nadu for about two years. The lady has given birth to a child and on the request of her family she had arrived at her husband's relatives house but her family members reached there and got her husband arrested. She has further alleged that her family members are pressurizing her to solemnize another marriage.

Learned A.P.P. for the State submits that at this stage the victim lady is major and she has accepted in her statement under Section 164 Cr.P.C. that she had herself gone with the petitioner.

Considering the facts and circumstances of the case, in the nature of the submissions on behalf of the petitioner noted hereinabove, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of Shri Ranjan Kumar, learned J.M.-I, Jehanabad in connection with Barabar Prayatan (Bishunganj O.P.) P.S. Case No. 129 of 2018 subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

Patna High Court CR. MISC. No.7837 of 2021(4) dt.12-08-2021 3/3 (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.