Ganesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.839 of 2023 Arising Out of PS. Case No.-345 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== Ganesh Manjhi S/O Late Lal Bachchan Resident Of Village- Balganga, P.S.- Raghunathpur, Distt- East Champaran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ujjwal Kumar Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Turkauliya (Raghunathpur) P.S. Case No. 345 of 2021 registered for the offence punishable under Sections 363, 366(A), 372, 34 of the Indian Penal Code and Section 8 of the POCSO Act.

The prosecution case, in brief, is that a minor daughter of the informant went to attend call of nature in the wee hours but did not return. It is further alleged that even after intense search she could not be traced. It is strong suspicion that petitioner along with other co-accused

Patna High Court CR. MISC. No.839 of 2023(3) dt.03-05-2023 2/3 persons have abducted her with mala-fide intention. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is an inordinate delay of 3 days in lodging the F.I.R. As per statement of the victim girl recorded u/s 164 Cr.P.C., she has not whispered about the complicity of petitioner in commission of offence. She has stated that specific allegation of sexual assault is against co-accused Mukesh Kumar. The petitioner has got no criminal antecedent. He is languishing judicial custody since 18.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 6th Additional Session Judge-cum-Special Judge, POCSO Act, East Champaran at

Patna High Court CR. MISC. No.839 of 2023(3) dt.03-05-2023 3/3 Motihari in connection with Turkauliya (Raghunathpur) P.S. Case No. 345 of 2021.

(Sunil Kumar Panwar, J) Nirajkrs/Lata U T