Manjay Singh @ Manjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74281 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Manjay Singh @ Manjay Kumar Singh S/O Late Laxman Singh R/O VillageMahdatpur, Ward No- 4, P.S- Naugachia, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 28.08.2022, in connection with Naugachia (Mahila) P.S. Case No. 17 of 2022, F.I.R. dated 05.06.2022 registered for the offences punishable under Sections 376, 323, 506 of the Indian Penal Code.

3. Allegation against the petitioner is that he forcibly took the informant in field and committed rape upon her.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

Patna High Court CR. MISC. No.74281 of 2022(5) dt.19-09-2023 2/3 He further submits that now the trial of the case has begun and the informant has been examined as P.W. 1 in which she has categorically stated that she filed the present case against the petitioner due to misunderstanding and the petitioner has not committed anything wrong with her. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 28.08.2022.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Naugachia, Bhagalpur in connection with Naugachia (Mahila) P.S. Case No. 17 of 2022, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.74281 of 2022(5) dt.19-09-2023 3/3

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T