Patna High CourtCR. MISC./6308/2024allowed

Sanjeev Kumar Singh @ Sanjeev Kumar @ Manjhi @ Manjhi Singh v. The State Of Bihar

2024-04-26Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6308 of 2024 Arising Out of PS. Case No.-45 Year-2023 Thana- MARANCHI District- Patna ====================================================== Sanjeev Kumar Singh @ Sanjeev Kumar @ Manjhi @ Manjhi Singh S/oLate Radheshyam Singh R/o- Village- Pachmahala, P.S.- Maranchi, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhukar Anand For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 376D of the Indian Penal Code, Sections 4 and 6 of the POCSO Act and Section 3(i)(v)(s)(w), 3(2)(v), 3(2)(va) of SC and ST Act.

3. Allegation against the petitioner along with other co-accused persons is that they grabbed the mouth of the victim/informant and forcibly took her to a ditch where this petitioner along with other caught hold her and co-accused Vikash Kumar committed rape with her.

Patna High Court CR. MISC. No.6308 of 2024(4) dt.26-04-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. As per the statement of the victim recorded under Section 164 of the Cr.P.C. wherein she deposed that co-accused Vikash Kumar committed rape with her and this petitioner along with other co-accused caught hold her. There is no allegation of commission of rape against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 05.12.2023 in Cr. Misc. No. 58543 of 2023. Moreover, the petitioner is languishing in judicial custody since 05.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Maranchi (Pachmahla O.P.) P.S. Case No. 45 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.6308 of 2024(4) dt.26-04-2024 3/3 amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge (POCSO), Patna.

(Sunil Kumar Panwar, J) Shubham/- U T