Manoj Manzi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58435 of 2019 Arising Out of PS. Case No.-420 Year-2019 Thana- LAKHISARAI District- Lakhisarai ============================================== Manoj Manzi, aged about 37 years, Gender-Male, Son of Teklal Manjhi Resident of Village - Sisma, P.S.- Ramgarh Chak, District - Lakhisarai. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ============================================== Appearance :
For the Petitioner :
Mr.Rajnish Chandra, Advocate For the State :
Mr.Akhileshwar Dayal, APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-11-2019 Heard learned Advocate for the petitioner and learned APP for the State.
The petitioner, who is in custody since 10.07.2019, seeks bail in connection with Ramgarh Chowk P.S. Case No. 420 of 2019 which has been instituted for the offences under Sections 364 and 366A/34 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act, 2012.
It appears from the accusation made in the FIR that the minor daughter of the informant was abducted by one Kamlesh Manjhi with the help of the petitioner and others.
It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.58435 of 2019(3) dt.27-11-2019 2/3 that the victim girl came back and gave her statement under Section 164 of the Code of Criminal Procedure. In the aforesaid statement, though the petitioner has been named but only in the context of having been spotted with the girl that he was coming behind her. Later, it has been stated by the informant that Kamlesh Manjhi took her to Punjab and later she was subjected to sexual intercourse. Subsequently, the victim girl was recovered.
Learned Advocate for the petitioner submits that he is a daily-wage labourer and only because he is associated with Kamlesh Manjhi in some manner that he too has been named as a conspirator of this case. But for only naming the petitioner in her statement under Section 164 of the Cr.P.C by the victim, there is no other material to connect the petitioner with the offence.
Considering this aspect of the matter and taking into account the period of custody of the petitioner, which is from 10.07.2019, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.58435 of 2019(3) dt.27-11-2019 3/3 satisfaction of the learned Additional District & Sessions Judge-1st, Lakhisarai in connection with Ramgarh Chowk P.S. Case No. 420 of 2019 (POCSO Case No. 31 of 2019). (Ashutosh Kumar, J) BT/- U T