Mohan Manjhi @ Mohan Kumar Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56855 of 2022 Arising Out of PS. Case No.-17 Year-2021 Thana- MAHILA P.S. District- Siwan ====================================================== MOHAN MANJHI @ MOHAN KUMAR MANJHI Son of Kauleshwar Manjhi Resident of Village - Salempur, P.S.- Siwan Muffasil/ Dhanauti O.P., District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Irshad Ahmad Khan, Adv.
For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner seeks bail, who is in custody since 22.08.2022 in connection with Mahila P.S. Case No.17/2021, F.I.R. dated 17.03.2021, for the offences punishable under Sections 376 (D.A.) of the IPC & Section 3⁄4 of POCSO Act. According to prosecution case, the petitioner along with the co-accused, namely, Rohit Manjhi are alleged to have committed rape upon the informant on the point of arms. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the FIR is false and fabricated and the
2/4 petitioner has not committed any offence as alleged in the F.I.R. He further submits that the real fact of the matter is that the victim was in love with her brother-in-law, namely, Chandrama Manjhi, the husband of the sister of the victim and the sister of the victim, namely, Rekha Devi has filed an F.I.R. bearing Siwan Muffasil P.S. Case No. 08/2021 under Section 498A, 494, 406, 420, 504, 506 and 34 of the Indian Penal Code on 04.01.2021. Thereafter, the present false and fabricated case has been instituted on 17.03.2021.
He further submits that during investigation, none of the prosecution witnesses, even the father, sister, close relatives have not supported the case of prosecution and it has also found during investigation that due to some matrimonial dispute with one Chandrama Manjhi, who is brother-in-law of the informant, the present false and fabricated case has been filed. He further submits that the main accused person, namely, Sohan Manjhi has been granted bail by the court below vide order dated 08.07.2021 (Annexure-3) and the case of this petitioner is on better footing. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 22.08.2022.
Learned Additional Public Prosecutor for the State on
3/4 the other hand has vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances, 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 the learned Special Judge POCSO, Siwan in connection with Mahila P.S. Case No. 17/2021, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order
4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) amit/- U T