Manjay Ram @ Anjay Ram @ Anjay Kumar @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68986 of 2021 Arising Out of PS. Case No.-410 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== MANJAY RAM @ ANJAY RAM @ ANJAY KUMAR @ AJAY KUMAR S/o Balister Ram R/o village- Kamlua, P.S.- Malahi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5, Adv For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 323, 376/511 and 504 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act. Allegation against the petitioner is that he caught the victim girl and started taking her to the field of sugarcane. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that it appears

Patna High Court CR. MISC. No.68986 of 2021(2) dt.27-04-2022 2/3 from the FIR that the allegation against the petitioner is that he caught hold the victim and tried to molest her. He further submits that apart from that no allegation of sexual assault is there against the petitioner and co-accused, namely, Lalji Ram and 13 others have been granted privilege of anticipatory bail vide order dated 26.07.2019 in Cr. Misc. No.46208 of 2019 by a Coordinate Bench of this Hon'ble Court and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 05.10.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, 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 Court below where the case is pending in connection with Chanpatia P.S. Case No. 410 of 2018, with 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.68986 of 2021(2) dt.27-04-2022 3/3

(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.

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 shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T