Chandan Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76264 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Chandan Manjhi Son of Vinod Manjhi Resident Of Village -Mahua, Dighwa Dubauli, PS- Baikunthpur, District- Gopalganj, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-02-2025 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 363 and 366 of the Indian Penal Code.
3. The case of the prosecution is that the petitioner along with others kidnapped the minor daughter of the informant. It is further alleged that they have also taken valuables and jewellery from the house.
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. During the course of investigation, the victim was recovered and she has given her
Patna High Court CR. MISC. No.76264 of 2024(5) dt.05-02-2025 2/3 statement under section 164 of the Cr.P.C. wherein she has stated that she was on talking terms with the petitioner and he told that he is not married after that she went to Shimla with him and she lived there with him and when she came to know that the petitioner is married she called her mother and her mother took her to village. Learned counsel for the petitioner has submitted that the occurrence is of 31.12.2023 whereas the FIR was lodged on 27.01.2024 that is after 27 days and this delay is not explained. The statement given by the victim shows that no force has been used against her. There is no allegation of any sexual assault as well. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 22.02.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
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 released on bail in connection with Baikunthpur P.S. Case No. 21 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.76264 of 2024(5) dt.05-02-2025 3/3 amount each to the satisfaction of learned 1st Additional Sessions Judge, Gopalganj.
(Ashok Kumar Pandey, J) Shubham/- U T