Vijay Manjhi @ Bijay Manhi vs The State Of Jharkhand
2026 Latest Caselaw 2469 Jhar

Jharkhand High Court

Vijay Manjhi @ Bijay Manhi vs The State Of Jharkhand on 26 March, 2026

Author: Rongon Mukhopadhyay

Bench: Rongon Mukhopadhyay

IN THE HIGH COURT OF JHARKHAND AT RANCHI
          Cr. Appeal (DB) No. 70 of 2026
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Vijay Manjhi @ Bijay Manhi ... ... Appellant

-Versus -

The State of Jharkhand ... ... Respondent

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CORAM: - Hon'ble Mr. Justice Rongon Mukhopadhyay Hon'ble Mr. Justice Pradeep Kumar Srivastava

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For the Appellant : Mr. Gautam Kumar, Advocate For the State : Mrs. Nehala Sharmin, Spl.P.P.

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Order No. 05/Dated: 26.03.2026 I.A. No. 4130 of 2026 Heard Mr. Gautam Kumar, learned counsel for the appellant and learned Special P.P.

2. This application has been preferred by the appellant for grant of bail to him during the pendency of this appeal.

3. The appellant has been convicted for the offences under Sections 376D of the I.P.C. and Section 6 of the POCSO Act and has been sentenced to undergo R.I. for 25 years alongwith fine of Rs. 20,000/- for the offence under Section 6 of the POCSO Act.

4. It has been alleged that when the daughter of the informant was retuning back from school after attending a cultural programme, four persons had surrounded her and committed rape upon her. When the matter was reported to the informant, the informant went the place of occurrence and four persons were apprehended, who had subsequently confessed. However, the main person Aadesh Modi had fled away from the place of occurrence.

5. Submission has been advanced by the learned counsel for the appellant that the main allegation of committing rape upon the victim who has been examined as PW-1 is attributed to Aadesh Modi. So far as the present appellant is concerned, he was merely present at the place of occurrence. Learned counsel further submits that save and except the presence of the appellant at the place of occurrence, there is no other material which would suggest that he was also involved in commission of rape upon the victim.

6. Learned Special P.P. has opposed the prayer for bail of the Page | 1 appellant.

7. Regard being had to the evidence of PW-1 which clearly reveals that it was Aadesh Modi who had committed rape upon her and her categorical statement that she does not know the present appellant, we are inclined to admit the appellant on bail. Accordingly, during the pendency of this appeal, appellant, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Special Judge, POCSO Act, Bokaro in connection with Special POCSO Case No. 91 of 2023 arising out of Mahuwatand (Lalpania O.P.) P.S. Case No. 27 of 2023.

8. The aforesaid I.A. stands allowed and disposed of.

(Rongon Mukhopadhyay, J.)

(Pradeep Kumar Srivastava, J.) 26th March 2026 Rahul/ Uploaded on 26/03/2026

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