Mukesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65090 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== Mukesh Manjhi S/O Babulal Manjhi R/O Village- Khekhariya Tola, Nadda, P.S- Bhairoganj, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Informant :

Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-10-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Bagaha Mahila P.S. Case No. 30 of 2023 dated 15.06.2023 registered for the offences punishable u/ss 363 and 366A of the Indian Penal Code and 4 and 8 of the POCSO Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor

Patna High Court CR. MISC. No.65090 of 2023(2) dt.13-10-2023 2/3 daughter of the informant for the purpose of marriage by enticing her.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that there is nothing on record which shows that the victim was forced to have illicit intercourse with another person. There was love affair between the victim and the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.07.2023.

6. Learned counsel for the informant as well as learned APP for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Bagaha Mahila P.S. Case No. 30 of 2023, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.65090 of 2023(2) dt.13-10-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

8. The application stands allowed.

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