Ram Jatan Manjhi vs The State Of Bihar
2021 Latest Caselaw 683 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.37596 of 2020
      Arising Out of PS Case No.-135 Year-2019 Thana- SARMERA District- Nalanda
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Ram Jatan Manjhi, aged about 28 years (Male), Son of Sohrai Manjhi, Resident of Village - Dharampur, Police Station - Sarmera, District - Nalanda.

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

For the Petitioner/s     :       Mr. Jay Prakash Singh, Advocate
For the State            :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-02-2021

Heard Mr. Jay Prakash Singh, learned counsel for the

petitioner and Mr. Md. Arif, learned In-charge Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Sarmera PS Case No. 135 of 2019 dated 22.08.2019, instituted

under Sections 366A/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he had

abducted the 13 years old daughter of the informant.

4. Learned counsel for the petitioner submitted that the

allegation is false and the girl had herself gone to her aunt's place

at Kolkata due to some grievance and thereafter also returned

home on her own as she has stated before the Court in her

statement under Section 164 of the Code of Criminal Procedure, Patna High Court CR. MISC. No.37596 of 2020 dt.05-02-2021

1973. It was submitted that the petitioner having no criminal

antecedent is in custody since 26.08.2020, in a patently false case.

5. Learned APP submitted that as per the allegation, the

petitioner abducted the minor daughter of the informant. However,

he did not controvert that the girl has not even indicated about the

involvement of the petitioner, much less of being kidnapped.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned VIIth Additional

Sessions Judge, Nalanda at Biharsharif in Sarmera PS Case No.

135 of 2019 subject to the conditions (i) that one of the bailors

shall be a close relative of the petitioner, and (ii) the petitioner

shall cooperate in the case. Failure to cooperate shall lead to

cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T