Ajay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.831 of 2022 Arising Out of PS. Case No.-122 Year-2018 Thana- MASAUDHI District- Patna ====================================================== AJAY MANJHI Son of Sanjay Manjhi Resident of Village- Bahuara, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Kishore Singh, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Masaurhi P.S. Case No. 122 of 2018 registered for the offence under Sections 363 of the Indian Penal Code and later on added Sections 366(A), 373, 373, 376, 323 and 34 of the Indian Penal Code and Sections 4, 8 and 12 of POCSO Act.

The accused/petitioner is not named in the F.I.R. and is in custody since 10.08.2021.

The allegation against the petitioner is to involve in selling of minor daughter of the informant, where, victim forcefully married by one of the co-accused, subsequently raped

Patna High Court CR. MISC. No.831 of 2022(3) dt.29-08-2022 2/3 by two co-accused persons.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the FIR and his name surfaced from statement of victim recorded under Section 164 of the Cr.P.C. with a limited and marginal allegation as to receive a cash of Rs. 60,000/- (Rs. Sixty Thousand Only) along with two accused persons, which appears to based upon suspicion. It is also submitted that from bare perusal of FIR and statement of victim recorded under Section 164 of the Cr.P.C. allegation of rape is not against this petitioner, and where allegation of selling is very much specific against co-accused, namely, Devanti Devi. It is also submitted that petitioner is a man of clean antecedent. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that petitioner is not named in the FIR. Considering the facts and circumstances as mentioned above, as statement of victim recorded under Section 164 of the Cr.P.C. is not speaking regarding rape and kidnapping against this petitioner coupled with the fact that charge-sheet has

Patna High Court CR. MISC. No.831 of 2022(3) dt.29-08-2022 3/3 already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 122 of 2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-7thcum-Exclusive Special Court (POCSO Act), Patna/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T