Gopal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83756 of 2024 Arising Out of PS. Case No.-22 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== Gopal Manjhi S/o- Nagina Manjhi R/o- Village- Shitalpur, P.S.-Fatehpur, District-Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rukhani Devi W/o- Late Ramji Manjhi R/o- Village- Shitalpur, P.S.- Fatehpur, District-Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Onkar Nath, Advocate Mr. Mukesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-01-2025

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Fatehpur P.S. Case no. 22 of 2023 registered under section 366A of the Indian Penal Code.

3. As per the prosecution case, the informant states that his 16 year old daughter disappeared and was not to be found inspite of search. Subsequently, it transpired that the petitioner had taken her away. Co-accused Nagina Manjhi was also involved in the occurrence.

4. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 19.4.2024 (Annexure-1) passed in Cr. Misc. no. 23992 of 2024 giving liberty to the petitioner to renew his

Patna High Court CR. MISC. No.83756 of 2024(4) dt.10-01-2025 2/3 prayer for bail after six months or after framing of charge, whichever is earlier. The petitioner has remained in custody since then for more than six months and charge has been framed in the learned trial Court.

5. The application for bail is opposed by learned A.P.P. for the State.

6. A report was called for from the learned trial Court. As per the report received contained in letter dated 4.1.2025, charge has been framed against the petitioner on 11.9.2024. It is further submitted that summons followed by bailable warrants have been issued for appearance of the witnesses, however, no witness has turned up for examination on behalf of the prosecution.

7. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the liberty granted to the petitioner in the earlier order of rejection dated 19.4.2024, the petitioner having remained in custody for more than 1 year 6 months since 19.6.2023 and charge having been framed in the learned trial Court, the petitioner is directed to be enlarged on bail in connection with Fatehpur P.S. Case no. 22 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.83756 of 2024(4) dt.10-01-2025 3/3 satisfaction of the learned Additional Sessions Judge-VI-cumSpecial Judge, POCSO Act, Gaya (Partha Sarthy, J) avinash/- U T