Sanjay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40907 of 2017 Arising Out of PS.Case No. -249 Year- 2017 Thana -PIRBAHOR District- PATNA ====================================================== Sanjay Manjhi Son of Laxmi Manjhi of Mohalla Bhawar Pokhar, P.S. Pirbahore, District Patna.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pratik Kumar Sinha For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Pirbahore P.S. Case No.249 of 2017, registered for offences punishable under Sections 363 and 366 of the Indian Penal Code. Petitioner is not named in the F.I.R. and he has been made accused during the course of investigation. Submission of learned counsel for the petitioner is that the statement of the girl itself shows that whatever allegation is levelled that is against one co-accused Raj Kumar and petitioner happens to be the father of Raj Kumar. Further submission is that the petitioner has falsely been implicated in this case and he is in custody for more than three months and even the statement of the girl recorded under Section 164 Cr.P.C. has not supported the prosecution case.

Patna High Court Cr.Misc. No.40907 of 2017 (2) dt.06-09-2017 2 /2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, 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 C.J.M., Patna in connection with Pirbahore P.S. Case No.249 of 2017, with following conditions: (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J.) S.Kumar/- U T