Manjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56501 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Manjit Kumar SON OF Late Ramfal Mahto Village -Ladaura Police Station- (Turki O P) Kudhani Dist- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunaina Kumari D/o Pajee Bhagat R/o Vill - Ladaura, P.S. - Turki O.P., Kudhani, Distt. - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Muzaffarpur Mahila P.S. Case No. 31 of 2024, registered for the alleged offence under Sections 376/504 of the Indian Penal Code and Section 4/6 of POCSO Act.

03. As per prosecution case, co-accused brother of the petitioner committed rape with minor informant and the allegation against the petitioner is that he has been putting pressure upon the brother of the informant to suppress the matter.

04. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The brother of the

Patna High Court CR. MISC. No.56501 of 2024(2) dt.04-09-2024 2/3 informant runs e-rikshaw owned by the brother of the petitioner and he was not paid the rent for last four months and in order to grab this money, this false case has been lodged. The allegation against the petitioner is completely vague and the petitioner has not made any attempt to put pressure on the brother of the informant. The petitioner is having clean antecedent.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the clean antecedent of the petitioner and further considering the vague and remote allegation without any material to show petitioner's involvement in the alleged occurrence, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Special Judge POCSO Court No2, Muzaffarpur in connection with Muzaffarpur Mahila P.S. Case No. 31 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the

Patna High Court CR. MISC. No.56501 of 2024(2) dt.04-09-2024 3/3 petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T