Pradeep Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61996 of 2025 Arising Out of PS. Case No.-593 Year-2022 Thana- TEKARI District- Gaya ====================================================== Pradeep Manjhi S/O Sikendra Manjhi @ Sukend Ram R/O VillageSahbazpur P.S.- Tikari, Pachanpur O.P., District- Gaya. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jawahar Das S/O Talkeshwar Das R/O Village- Vishunganj, P.S.- Tikari, Pachanpur O.P., District- Gaya.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh, APP For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-11-2025 Heard Mr. Prithivi Raj Singh, learned counsel for the petitioner and Mr. Anil Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 13.03.2023, in connection with Tekari (Panchanpur O.P.) P.S. Case No. 593 of 2022, F.I.R. dated 15.09.2022 registered for the offences punishable under Sections 366A, 34 of the Indian Penal Code and Section 8 of the POCSO Act.
3. Allegation against the petitioner is that he along with the other accused persons have kidnapped the minor daughter of the informant.
4. Earlier the petitioner has moved before this Court in Cr. Misc. No. 24484 of 2024 but the same was withdrawn
2/4 vide order dated 27.09.2024.
5. Learned counsel for the petitioner submits that the petitioner having clean antecedent and he is in custody since 13.03.2023. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. Apart from that the alleged date of occurrence in the F.I.R. is 11.09.2022 but the present F.I.R. was instituted on 15.09.2022 afterthought after delay of four days only to falsely implicate the petitioner. As per allegation in the F.I.R., the petitioner and other co-accused person namely, Shiv Kumar was accompanied with the main accused Dipul Kumar and Dipul Kumar has committed rape upon the victim and there is no allegation against the petitioner that he has committed anything wrong with the victim and the said co-accused Shiv Kumar has been granted bail by this Court vide order dated 11.07.2023 passed in Cr. Misc. No. 71261 of 2022.
6. The learned Additional Public Prosecutor for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner .
7. Considering the aforesaid facts and circumstances of the case and the fact that the petitioner having clean
3/4 antecedent and similarly situated co-accused person has been granted bail by this Court as well as the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge POCSO cum Additional Sessions Judge-VII, Gaya in connection with Tekari (Panchanpur O.P.) P.S. Case No. 593 of 2022, 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 witness, 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 antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 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) Ibrar//- U T