Kishori Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70663 of 2023 Arising Out of PS. Case No.-221 Year-2020 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.

KISHORI MANJHI Son of Ramchandra Manjhi R/o vill - Kodaiya Bigha, P.S. - Asthawan, Distt. - Nalanda 2.

Ranjeet Manjhi Son of Ramchandra Manjhi R/o vill - Kodaiya Bigha, P.S. - Asthawan, Distt. - Nalanda 3.

Kanti Devi @ Van Devi Wife of Ramchandra Manjhi R/o vill - Kodaiya Bigha, P.S. - Asthawan, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranvijay Singh For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioners and learned APP for the State. Perused the case diary. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 363, 364 and 34 of the Indian Penal Code. Later on Section 366(A) of the I.P.C. was added.

As per FIR, the informant alleged that the petitioners and co-accused persons abducted her sister-inlaw (Nanad) due to ulterior motives. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence.

Patna High Court CR. MISC. No.70663 of 2023(3) dt.19-01-2024 2/3 They have falsely been implicated in this case due to dirty village politics on account of suspicion. The F.I.R. has been lodged after the inordinate delay of 11 days. As per F.I.R., there is no specific allegation has been attributed against these petitioners rather general, vague and omnibus allegation has been alleged against them. The victim girl has been recovered and her statement has been recorded under Section 164 of the Cr.P.C., wherein she has stated about of the complicity of the petitioners in her abduction. She has stated that the petitioners along with other taken away her to Agra but she has not complained about any physical assault and physical misbehave against the petitioners. It is further submitted in para 9 of the petition that the co-accused namely, Sanjo Manjhi who is main accused in this case, has already been acquitted by learned Juvenile Justice Board, Biharsharif (Nalanda). Petitioners have got no criminal antecedent and languishing in judicial custody since 10.08.2023.

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

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.70663 of 2023(3) dt.19-01-2024 3/3 considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Asthawan P.S. Case No. 221 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Biharsharif, Nalanda.

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