Manjesh Baitha @ Mammesh Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64565 of 2018 Arising Out of PS. Case No.-196 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== Manjesh Baitha @ Mammesh Baitha, Son of Patranga Baitha @ Patarega Baitha, R/o Village- Luhasi, P.S.- Uchakagaon, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey For the Opposite Party/s :

Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Uchakagaon P. S. Case No. 196 of 2018 registered under Sections 366A/34 of the Indian penal Code.

It is alleged in the written report that daughter of the informant had gone to Arna Bazar but she did not return home, then his wife informed informant on phone that the daughter had not returned home. Later on, on search, the informant found one mobile from the attachee of his daughter which belonged to one Biran Manjhi. Informant alleged that Biran Manjhi in collusion with this petitioner and other accused has kidnapped his daughter.

Learned counsel for the petitioner submits that the victim girl, in her statement recorded under Section 164 Cr.P.C., has

Patna High Court Cr.Misc. No.64565 of 2018(2) dt.26-10-2018 2/2 stated that on 11.07.2018 at night, she came out from her house and called Biran. He took her to Gaziabad where she lived for 21 days and from there, she came to Lucknow. Thereafter she was brought by the people to Gopalganj. She has further stated that she had gone on her own will and none had put any pressure.

Learned counsel submits that no allegation of any overt act is made against this petitioner by the victim girl. Petitioner has no criminal antecedent. He is in custody since 11.08.2018. He submits that accused Biran Manjhi has already been enlarged on bail by a co-ordinate Bench of this Court by order dated 08.10.2018 passed in Cr. Misc. No. 61623 of 2018. Considering the aforesaid fact and circumstances, the prayer of bail of the petitioner is allowed. The petitioner, abovenamed, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-IX, Gopalganj in connection with Uchakagaon P.S. Case No. 196 of 2018 with condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) sujit/- U T