Patna High CourtCR. MISC./64020/2024bail rejected

Bajo Manjhi v. The State Of Bihar

2024-10-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64020 of 2024 Arising Out of PS. Case No.-508 Year-2023 Thana- KHAIRA District- Jamui ====================================================== Bajo Manjhi Son of Govardhan Manjhi R/O Vill.- Sonel, P.S.- Khaira, Dist.- Jamui ... ... Petitioner/s

Versus

The State of Bihar 2.

Hema Devi W/o Bhuna Manjhi Resident of Village-Sonel, P.S.-Khaira, District-Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with P.O.C.S.O. Case No. 19/2024 (arising out of Khaira P.S. Case No. 508 of 2023) dated 10.12.2023 registered for the offence punishable u/s 376 and 511 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have committed rape on the informant's minor daughter.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.64020 of 2024(2) dt.05-10-2024 2/2 occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. The victim in her statement recorded u/s 164 of the Cr.P.C. has supported the prosecution case. As per the Medical Report, the victim is assessed as 9-10 years. As per the Medical Report, doctor has found hymen ruptured.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with P.O.C.S.O. Case No. 19/2024 (arising out of Khaira P.S. Case No. 508 of 2023), pending in the court of learned Additional Sessions Judge-I, Jamui.

7. The application stands rejected.

(Chandra Prakash Singh, J) atul/- U T