Patna High CourtCR. MISC./39811/2017bail granted

Sadhu Manjhi v. The State Of Bihar

2017-10-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39811 of 2017 Arising Out of PS.Case No. -686 Year- 2014 Thana -BIHTA District- PATNA ====================================================== Sadhu Manjhi, son of Mithu Manjhi, resident of Village- Laxmanpur Bela, Police Station Bihta, District- Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Ban Bihari Singh For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Special (POCSO) Case No. 97 of 2016, arising out of Bihta P.S.Case No. 686 of 2014 registered for the offences punishable under Sections 376/511 of the Indian Penal Code and 7/8 of POCSO Act. Allegation against the petitioner is of committing rape upon minor daughter of informant.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and he is in custody since 15.7.2016. Further submission is that though charge has been framed on 8.11.2016 but not a single witness has been examined in this case.

Heard learned APP also, who has opposed the prayer for bail.

Patna High Court Cr.Misc. No.39811 of 2017 (4) dt.09-10-2017 2/2 Having heard both sides and in the facts and circumstances of the case and specially considering the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-I, Patna, in connection with Special (POCSO) Case No. 97 of 2016, arising out of Bihta P.S.Case No. 686 of 2014, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) Petitioner shall co-operate in trial and appear on each and every date fixed in court and failure to appear on two consecutive dates without any genuine reason or without permission of court, his bail bond shall be liable to be cancelled.

(Vinod Kumar Sinha, J) spal/- U