Patna High CourtCR. MISC./60895/2023bail granted

Ajay Manjhi v. The State Of Bihar

2023-10-11Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60895 of 2023 Arising Out of PS. Case No.-343 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== AJAY MANJHI Son of Arjun Manjhi R/o ward no. 9, Village- Bahera Zahidpur, P.S. - Nanpur, Distt. - Sitamarhi, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghvendra Kumar, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Nanpur P.S. Case No. 343 of 2021, dated 07.11.2021, registered for the offence punishable under Sections 363, 366A/34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. The case of prosecution, in short, is that on 04.11.2021 at about 10:00 P.M. in the night, 15 years old daughter of the informant went outside her house in order to attend the nature's call, she was kidnapped by the petitioner and other co-accused persons.

Patna High Court CR. MISC. No.60895 of 2023(2) dt.11-10-2023 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The petitioner is brother of Sujay Manjhi, who is main accused of the case as alleged that he is the person, who elope with the victim girl. It is further submitted that the victim girl has not supported the prosecution case in her statement made under Section 164 of the Cr.P.C. Learned counsel further submits that other co-accused persons namely Arjun Manjhi and Chandkala Devi have been granted anticipatory bail by a Coordinate Bench of this Court vide Cr. Misc. No. 46049 of 2023. The petitioner has been made accused merely because he is the brother of Sujay Manjhi. The petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail to the petitioner.

6. Having considered the facts and circumstances of the case and the submissions of learned counsel for the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI,

Patna High Court CR. MISC. No.60895 of 2023(2) dt.11-10-2023 3/3 Sitamarhi in connection with Nanpur P.S. Case No. 343 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) pravinkumar/- U T