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Patna High CourtCR. MISC./79237/2024bail rejected

Mangara Manjhi @ Sanjay Manjhi v. The State Of Bihar

2024-11-18Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79237 of 2024 Arising Out of PS. Case No.-355 Year-2024 Thana- DHANARUA District- Patna ====================================================== Mangara Manjhi @ Sanjay Manjhi Son of Mahendra Manjhi Resident of village -Shibuchak Kosut, PS -Dhanarua, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Kant, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-11-2024 Heard the parties.

2. The petitioner is in judicial custody in connection with Dhanarua P.S. Case No. 355 of 2024 for the offence punishable under Sections 329(4), 74, 76, 351(3) of the B.N.S., lodged on 04.07.2024 by the informant, Manju Devi.

3. As per the prosecution story, the informant alleged that her married sister who was for sometime mentally unstable, had come to her home and while she was out for marketing, this petitioner came, tied her hands and feet and was about to commit rape when she arrived. As she tried to catch hold of him, he escaped threatening of dire consequences, this led to the FIR.

4. Learned counsel for the petitioner submits that though the allegation is there, it mainly relates to outraging the modesty. The petitioner has already remained in custody since

Patna High Court CR. MISC. No.79237 of 2024(2) dt.18-11-2024 2/2 09.08.2024.

5. Learned APP for the State opposes the prayer submitting that the facts which have come in the FIR, cannot be ignored as much as the sister was mentally sick, her hands and feet were tied up by the petitioner and as such, he does not deserves bail.

6. Taking into account the submissions put forwarded by the parties as also the allegation that has come against him, this Court is not inclined to extend the privilege of bail to the petitioner for the present.

7. The present bail application stands rejected. (Rajiv Roy, J) Amandeep/- U T