Ram Prasad Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35203 of 2017 Arising Out of PS.Case No. -64 Year- 2016 Thana -MAGADH UNIVERSITY District- GAYA ====================================================== Prasad Manjhi, Son of Late Gariban Singh, Resident of Village- Shivrajpur, Police Station M.U. Bodh Gaya, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukund Mohan Jha, Advocate. For the Opposite Party/s : Smt. Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and the State. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 10.01.2017 passed in Cr. Misc. 50800 of 2016.
It has been submitted that petitioner is in custody since 17.08.2016. The status report of the case was called for from court below which has been received wherein it is mentioned that charge has been framed on 02.01.2017 and, thereafter, one prosecution witness has been examined.
As per written report, the petitioner forcibly got seated the informant on his motorcycle when she was going to school and took her to some unknown place and kept her in a hotel in the night and established physical relationship with her. It is alleged
Patna High Court Cr.Misc. No.35203 of 2017 (3) dt.30-08-2017 2/3 that in the morning, the petitioner dropped the informant at her house and fled away. In her statement under Section 164 Cr. P.C. she has leveled similar allegation.
Medical report is available at paragraph-26 of the case diary wherein the doctor has assessed the age of the victim girl as 16-17 years.
It is mentioned in paragraph-14 of the bail petition that informant has already been married with one Shivam Kumar, son of Raj Kumar Paswan, r/o village Makhraul, P.S. Barachatti, Distt. Gaya and the petitioner has no concern with private life of the informant.
Keeping in view that the petitioner is in custody for about one year, and only one witness has been examined in the court below, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J -I-cum-Special Court, Gaya, in connection with Magadh University P.S. Case No. 64 of 2016, subject to the conditions that (i) both the bailors will be the close relatives of the petitioner and (ii) The petitioner in any manner will not try to hamper the trial by intimidating or influencing the witnesses and will remain present on each and
Patna High Court Cr.Misc. No.35203 of 2017 (3) dt.30-08-2017 3/3 every date of trial. Any two subsequent defaults will result in cancellation of bail bonds in the court below. (Sanjay Priya, J) S.Ali/- U T