Patna High CourtCR. MISC./62414/2019bail granted

Sintu Manjhi v. The State Of Bihar

2019-11-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62414 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- FATEHPUR District- Gaya ====================================================== SINTU MANJHI Son of Masudan Manjhi Resident of Village - Pakri, P.O.- and P.S.- Fatehpur, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Onkar Nath For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 376(A)(B) of the Indian Penal Code and 6 of POCSO Act.

The prosecution allegation in short is that the accused persons carried away the daughter of the informant and committed rape with her.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.5.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis

Patna High Court CR. MISC. No.62414 of 2019(3) dt.27-11-2019 2/2 of confessional statement of co-accused. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has not named the petitioner. The name of the petitioner has transpired in the present case due to enmity with the co-accused who has tried to falsely implicate the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of a.D.J.-1st-cum- Special Judge, POCSO Act,, Gaya in connection with Fatehpur P.S. Case No. 124/19 corresponding to POCSO Case No. 52/19.

(Sudhir Singh, J) Pankaj/- U T