← Library
Patna High CourtCR. MISC./73888/2019rejected

Guddu Manjhi v. The State Of Bihar

2020-01-20Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73888 of 2019 Arising Out of PS. Case No.-421 Year-2017 Thana- NAUBATPUR District- Patna ====================================================== GUDDU MANJHI S/o Ram Balak Manjhi Resident of Village- Sorampur, P.S.- Dulhin Bazar, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Prasad For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 376, 302, 201 of the Indian Penal Code and Section 12 of the POCSO Act.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has not committed any offence. In fact, the petitioner has falsely been implicated in this case and there is no eye witness to the occurrence which supports the prosecution version. The petitioner, who is a labour, is rotting in judicial custody since 12.12.2017.

Learned A.P.P for the State has opposed the prayer

Patna High Court CR. MISC. No.73888 of 2019(3) dt.20-01-2020 2/2 for bail and submitted that the petitioner has raped a minor girl of six years and killed her, which is heinous crime. Therefore, the petitioner may not be enlarge on regular bai. Considering the facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of this petitioner is rejected.

(Arvind Srivastava, J) brajesh/- U T