Kailash Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58795 of 2019 Arising Out of PS. Case No.-146 Year-2017 Thana- DHARHARA District- Munger ====================================================== KAILASH MANJHI Son of Phuleshwar Manjhi Resident of VillageMohanpur and P.S. and Post-Dharhara, District-Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 12.07.2019 in connection with Dharhara P.S. Case No. 146 of 2017 for the offence registered under Sections 448, 341 and 354(B) of the Indian Penal Code and subsequently cognizance has been taken for the offence under Section 8 of the POCSO Act. Learned counsel for the petitioner submits that the entire case is false and fabricated and he has been implicated in connection with the present only due to previous enmity. It is further submitted that the informant is not a minor and there is delay in lodging the first information report. Considering the entire facts and circumstances of the case and the nature of allegation and that the provisions of

Patna High Court CR. MISC. No.58795 of 2019(2) dt.24-10-2019 2/2 POCSO Act has been attributed, I am not inclined to grant bail to the petitioner. It is, accordingly, rejected. Let the trial of the case be expedited and concluded within a period of six months.

(Anjana Mishra, J) Jagdish/- U T