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Patna High CourtCR. MISC./69786/2023allowed

Chandan Kumar Manjhi v. The State Of Bihar

2024-01-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69786 of 2023 Arising Out of PS. Case No.-2 Year-2020 Thana- AMNAUR District- Saran ====================================================== Chandan Kumar Manjhi Son Of Late Chhathu Manjhi Resident Of Village - Gosakhap, Ps- Amnour, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Singh For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is languishing in judicial custody, has prayed for bail in a case registered for the offence punishable under sections 323, 363, 365, 120(B), 504, 506/34 of the Indian Penal Code.

3. As per allegation in the FIR, on 5.1.2020 at 3:00 A.M. daughter of the informant went outside to attend nature's call but did not return. On search, a mobile phone was found kept on the bed of the victim girl, belongs to co-villager Akhilesh Rai and his wife. Whent he informant went to the house of accused Akhilesh Rai to enquire about her girl, then he misbehaved with her and threatened her to kill. It is further alleged by the informant that the accused persons in connivance

Patna High Court CR. MISC. No.69786 of 2023(3) dt.16-01-2024 2/3 with other people under a conspiracy have abducted her daughter and kept hidden for wrong purpose.

4. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. Petitioner is not named in the FIR. He has no concern with accused, namely, Akhilesh Rai. Victim girl is major and her age has been accessed by medical board between 18-19 years. On the alleged date of occurrence, petitioner was not at the place of occurrence rather he was admitted at Khushi Clinic, Nayagaon (Saran) for operation of hydrocele. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 19.4.2022 passed in Cr. Misc. No. 36193 of 2021.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge, POCSO Act,

Patna High Court CR. MISC. No.69786 of 2023(3) dt.16-01-2024 3/3 Saran in connection with Amnour P.S. Case No. 02 of 2020. (Sunil Kumar Panwar, J) sushma/- U