Paras Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67624 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- Keoti District- Sheikhpura ====================================================== Paras Manjhi, S/O Dinesh Manjhi, R/O Village- Anand Nagar (Gangti), P.SKeoti, Distt.- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tunnu Manjhi, S/o Hari Manjhi, R/O Village- Gangti, P.S- Keoti, Distt.- Sheikhpura.

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

For the Petitioner/s :

Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Keoti P.S. Case No. 24 of 2024, registered on 30.06.2024 for the offences under Section 376(2)(N) of the Indian Penal Code and Section 6 of the POCSO Act.

3. As per prosecution case, minor daughter of the informant suffered from pain in stomach and gave birth to a dead child. The daughter of the informant did not name any person who made her pregnant and the FIR was registered against unknown. During investigation the name of the petitioner surfaced as the culprit.

Patna High Court CR. MISC. No.67624 of 2024(2) dt.01-10-2024 2/3

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner is not named in the FIR and no incriminating material has come up on record during investigation. At the time of occurrence petitioner and the victim were juvenile and it was a case of love affair and consensual sexual relationship. The informant and his family members have compromised the matter with the petitioner and his family members. The petitioner has got no criminal antecedent. The petitioner is aged about 19 years and is in custody since 14.07.2024.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the consensual nature of act of the parties and also considering the clean antecedent of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI, Sheikhpura/concerned court in connection with Keoti P.S. Case No. 24 of 2024, subject to the conditions mentioned in Section

Patna High Court CR. MISC. No.67624 of 2024(2) dt.01-10-2024 3/3 437(3) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T