Ramu Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86735 of 2019 Arising Out of PS. Case No.-214 Year-2017 Thana- GHOSI District- Jehanabad ====================================================== RAMU MANJHI Son of Japani Manjhi Resident of Village - Anantpur, P.S.- Ghosi, District - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar For the Opposite Party/s :
Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody since 11.09.2018 in connection with Ghosi P.S. Case No. 214/2017 registered for the offences punishable under Sections 366A/376/34 of the Indian Penal Code and Section 4 of the POCSO Act.
As per the prosecution case, minor daughter of the informant was kidnapped by this petitioner along with coaccused persons for the purpose of marriage. It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case due to dirty village politics. It is further submitted that as per the statement
Patna High Court CR. MISC. No.86735 of 2019(3) dt.17-02-2021 2/3 of victim girl recorded under Section 164 of the Cr. P.C., thrust of allegation is against co-accused Mithlesh Kumar and this petitioner has only accompanied the co-accused Mithlesh Kumar and there is no allegation of sexual assault against this petitioner. Chargesheet has already been submitted in this case. Petitioner is in custody since 11.09.2018 and bears no criminal antecedent.
Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned ADJ 1st , Jehanabad, in connection with Ghosi P.S. Case No. 214/2017, subject to following conditions:- (1)Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.
(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.86735 of 2019(3) dt.17-02-2021 3/3 move for cancellation of bail.
(Prabhat Kumar Singh, J) Saif/- U T