Naresh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75307 of 2022 Arising Out of PS. Case No.-315 Year-2022 Thana- CHANDI District- Nalanda ====================================================== 1.

NARESH MANJHI SON OF RAMAN MANJHI R/O VILL.- BAHADURPUR, P.S.- CHANDI, DISTT.- NALANDA 2.

ANANDI MANJHI SON OF HARI MANJHI R/O VILL.- BAHADURPUR, P.S.- CHANDI, DISTT.- NALANDA 3.

BDHAVA MANJHI @ BRIJBHUSHAN MANJHI SON OF SHIVA MANJHI R/O VILL.- BAHADURPUR, P.S.- CHANDI, DISTT.- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Shrivastava, Adv.

For the Opposite Party/s :

Mrs.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Chandi P.S. Case No.315 of 2022/POCSO Case No.98 of 2022, registered for the offence punishable u/s 341, 323, 354B/34 of the Indian Penal Code and 8/12 of the POCSO Act. Allegedly, the F.I.R. named accused persons including the petitioners tried to outrage her modesty and assaulted her but some how, she managed to escape.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.75307 of 2022(2) dt.01-05-2023 2/2 They have been falsely implicated in this case merely with ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is clear from the F.I.R. itself that no physical assault was made with the victim girl. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail by submitting that the victim has supported the prosecution case in her statement recorded u/s 164 Cr.P.C.

Having regard to the facts and circumstances of the case and considering that the victim has supported the prosecution case, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T