Vijay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73754 of 2024 Arising Out of PS. Case No.-178 Year-2024 Thana- JOKIHAT District- Araria ====================================================== Vijay Manjhi S/O Bishwanath Manjhi @ Bishanlal Manjhi Resident of village -Kesarra Dharmeshwargachh, ward No- 08 Police Station- Jokihat, District -Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Jokihat P.S. Case No. 178 of 2024 dated 21.05.2024 registered for the offences punishable u/ss 366A, 120B read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have kidnapped the minor daughter of the informant. It is further alleged that the informant apprehends that the petitioner killed or sold his daughter after committing rape.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.73754 of 2024(2) dt.23-10-2024 2/3 case. There was love affair between the victim and the petitioner. The victim in her statement recorded under Section 164 of Cr.P.C. has stated that she went to Araria Station with her own will and from there, the victim and the petitioner went to Patna and Surat. They solemnized marriage in a temple. Learned counsel has further submitted that the victim was not forced or seduced to have illicit intercourse with another person. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Araria in connection with Jokihat P.S. Case No. 178 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition :- (i) The petitioner is directed to remain

Patna High Court CR. MISC. No.73754 of 2024(2) dt.23-10-2024 3/3 physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T