Patna High CourtCR. MISC./80412/2023dismissed

Indradeo Manjhi v. The State Of Bihar

2023-12-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80412 of 2023 Arising Out of PS. Case No.-707 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Indradeo Manjhi S/O Mangar Manjhi R/O Village- Piprahi, P.S- Barachatti, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nand Kishore Prasad Sinha For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Barachatti P.S. Case No. 707 of 2022 registered for the offences punishable under Sections 363, 366A, 120B of the Indian Penal Code and Section 8 of the POCSO Act, pending in the Court of learned Exclusive Special Judge POCSO-cum-Additional Sessions Judge VII, Gaya.

3. As per the prosecution case, it is alleged that the petitioner along with other co-accused persons had kidnapped the minor daughter of the informant and committed rape upon her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.80412 of 2023(2) dt.18-12-2023 2/2 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the statement of the victim was recorded under Section 164 of the Cr.P.C., in which nothing specific has been stated against the petitioner by the victim. The petitioner has two criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that the victim in her statement under Section 164 of the Cr.P.C., has categorically stated that all the accused persons including the petitioner kidnapped her and took her to Ranchi and committed rape upon her.

6. Considering the facts and circumstances of case and the statement of the victim under Section 164 of the Cr.P.C., I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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