Indradeo Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56650 of 2024 Arising Out of PS. Case No.-707 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Indradeo Manjhi Son Of Late Manager Manjhi Resident Of Village - Piprahi, Police Station - Barachatti, District - Gaya ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Champa Devi Wife Of Vinod Yadav Resident Of Village - Piprahi, Police Station - Barachatti, District - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366(A), 120(B) of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have kidnapped the minor daughter of the informant and committed rape upon her.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the victim has

Patna High Court CR. MISC. No.56650 of 2024(2) dt.14-08-2024 2/2 been examined as P.W. 4, in her deposition she identified the other two accused persons, namely, Pappu Manjhi and Arvind Kumar Manjhi, but she has not identified this petitioner. He further submits that the victim has turned hostile during the trial. The petitioner has four criminal antecedent and has been languishing in custody since 08.05.2024.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid and the custody of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Barachatti P.S. Case No. 707 of 2022.

7. However, the petitioner is directed to co-operate in the trial. If the petitioner will not appear on two consecutive dates, then the learned Court below shall be at liberty to cancel the bail bond of the petitioner.

(Anjani Kumar Sharan, J) anand/- U T