Patna High CourtCR. MISC./71390/2023bail granted

Ramjivan Manjhi @ Ramjitan Manjhi v. The State Of Bihar

2024-03-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71390 of 2023 Arising Out of PS. Case No.-349 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Ramjivan Manjhi @ Ramjitan Manjhi Son Of Bhikham Manjhi Resident Of Village - Bhanachak Ward No.15, P.S. - Manjhauliya, District - West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Majhauliya P.S. Case No.349 of 2023 lodged under Section 376 of the I.P.C. read with section 4 of the POCSO Act.

3. As per the prosecution case, the F.I.R. has been lodged against the petitioner against whom there is allegation of rape of the informant's daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is nonetheless, but own uncle of the alleged victim.

5. Counsel further submits that everywhere in the F.I.R., the allegation is made against the petitioner, but from the case diary particularly, in paragraphs 5 and 6, the mother of the victim has disclosed that the person who raped is one Jagjivan Manjhi and the sister of the victim has also narrated her

Patna High Court CR. MISC. No.71390 of 2023(5) dt.07-03-2024 2/2 statement under section 161 of the Cr.P.C. that rape has been committed by one Jagjivan Manjhi whereas the name of petitioner is Ramjivan Manjhi.

6. Counsel for the petitioner submits that petitioner is in custody since 28.06.2023 having clean antecedent.

7. Learned counsel for the State opposes the prayer for bail and submits that it transpires to him that Ramjivan Manjhi and Jagjivan Manjhi are one and the same person. There is a doubt that who has raped either Jagjivan Manjhi or Ramjivan Manjhi. Therefore, the benefit of doubt is in favour of the petitioner.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI, West Champaran, Bettiah in connection with Majhauliya P.S. Case No.349 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T