Sahdev Manjhi v. The State Of Bihar

Patna High Court Cr.Misc. No.22312 of 2017 (3) dt.23-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22312 of 2017 Arising Out of PS.Case No. -742 Year- 2016 Thana -PHULWARI District- PATNA ====================================================== Sahdev Manjhi, Son of Shukhu Manjhi, Resident of Village/MohallaNagma Tand, Police Station- Janipur, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Adv. For the Opposite Party/s : Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2017 Heard both sides.

The petitioner seeks bail in Phulwarisharif (Janipur) P.S. Case No. 742/2016, registered for the offences punishable under Section 376 of the Indian Penal Code.

The victim alleged that the petitioner earlier on many times had committed rape with her, but she did not lodge the case out of fear and shame. On 04.12.2016 petitioner again committed rape with her while she has gone to attend the call of nature. Learned counsel for the petitioner submits that the petitioner is the neighbour of the victim. The victim is a major woman. On account of some petty dispute with the husband of the informant, the informant lodged this case.

It appears that victim made her statement under Section

Patna High Court Cr.Misc. No.22312 of 2017 (3) dt.23-06-2017 164 Cr.P.C. and she disclosed her age to be 25 years. She was not medically examined. She herself disclosed that petitioner committed rape with her on many times, but she did not lodge the case. She appears to be a consenting party.

Considering the facts aforesaid and the fact that petitioner is in jail since 06.12.2016, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Phulwarisharif (Janipur) P.S. Case No. 742/2016. (Prabhat Kumar Jha, J.) Vinita/- U T