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Patna High CourtCR. MISC./51925/2022allowed

Bhagelu Prasad @ Bhagelu Manjhi v. The State Of Bihar

2023-02-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51925 of 2022 Arising Out of PS. Case No.-372 Year-2020 Thana- MAIRWAN District- Siwan ====================================================== BHAGELU PRASAD @ BHAGELU MANJHI Son of Late Mangal Manjhi Resident of Mairwa Dham, Darauli Road, P.S- Mairwa, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A, 34 of the Indian Penal Code.

Allegation against the petitioner of abduction of the daughter and niece of the informant while they were going to call of nature.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. After recovery of the victim namely, Priti Kumari, she stated in her statement recorded under section 164 of Cr.P.C. that she solemnized marriage with the son of this petitioner with her own sweet will. In respect of victim

Patna High Court CR. MISC. No.51925 of 2022(3) dt.08-02-2023 2/2 Rinku kumari, she did not whisper any complicity of this petitioner rather she stated about the commission of rape by intoxicating her, is against Mantu Prasad who is son of the petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 14.7.2022.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mairwa P.S. Case No. 372 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeVth-Cum-Special Judge, POCSO, Siwan. (Sunil Kumar Panwar, J) shubham/- U T