Ramesh Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67588 of 2023 Arising Out of PS. Case No.-332 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== Ramesh Kumar Manjhi Son Of Adalat Manjhi Resident Of VillageSuryapura, P.S- Basantpur, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366, 376, 120B/34 of the Indian Penal Code.

3. As per the complaint case, the complainant alleged that the petitioner had sexually exploited her about eight years ago and had put her in an orchestra to do illegal work. The complainant also alleged that the petitioner performed marriage after alluring her but thereafter, he pressurized her to establish illegal relation with other persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted vide para 20 of the petition that the petitioner neither performed

Patna High Court CR. MISC. No.67588 of 2023(2) dt.31-10-2023 2/2 marriage with the victim nor sexually exploited her. The alleged occurrence took place in the year of 2011 but the complaint has been filed in very delay which creates doubt upon the prosecution. The victim is major and matured lady. It is further submitted that the police had already submitted charge-sheet against the petitioner u/s 366 & 376 of the I.P.C. but even during course of investigation, no any consistent evidence has come against the petitioner and this fact is mentioned in para32 of the petition. The petitioner has got no criminal antecedent and languishing in judicial custody since 21.6.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Basantpur P.S. Case No. 332 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-X, Siwan.

(Sunil Kumar Panwar, J) Amandeep/- U T