Ashok Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86286 of 2019 Arising Out of PS. Case No.-148 Year-2019 Thana- HULASGANJ District- Jehanabad ASHOK MANJHI Son of Ajay Manjhi Resident of Village - Khudauri, P.S.- Hulasganj, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Hulasganj P. S. Case No. 148 of 2019 instituted for the offence under Section(s) 4 of the POCSO Act.

The First Information report alleges that the informant's daughter has been missing since 09.10.2019.The suspicion has been raised that the instant petitioner has enticed and taken away the minor daughter for marriage purposes. The counsel for petitioner draws attention of the Court towards Annexure-2, deposition of victim. From the same, it is submitted that the entire prosecution story stands belied. The

Patna High Court CR. MISC. No.86286 of 2019(2) dt.17-01-2020 2/3 alleged victim, in her statements recorded U/s 164 Cr.P.C., has stated that she, on her own volition, had gone to aunt's house, where she stayed for five days and that she duly intimated her mother (informant). It is specifically asserted by the girl, in her statements, that she was not abducted and the petitioner's name has even not been taken in the said statements. It is submitted that having no criminal antecedents the petitioner has been implicated in the instant case merely on suspicion and, under such circumstances, he is in custody since 18.10.2019. The learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, in connection with Hulasganj P. S. Case No. 148 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each

Patna High Court CR. MISC. No.86286 of 2019(2) dt.17-01-2020 3/3 date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T