Allowed

Binod Manjhi v. The State of Bihar

Patna HC27 Jan 2022CR. MISC./46208/2021

Case brief

AI extract

What is this about?

In a CrPC miscellaneous matter, the High Court at Patna granted anticipatory bail to the petitioner in an abduction case pending before the Learned Judicial Magistrate. The relief was conditioned on surrender within 12 weeks under the existing pandemic situation.

What did the court decide?

Released on anticipatory bail under personal bonds to the satisfaction of the Judicial Magistrate within 12 weeks, with a direction to furnish ₹10,000 and sureties after restoration of normalcy.

Binod Manjhi Vs The State of Bihar — Quashing and FIR | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46208 of 2021

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Arising Out of PS. Case No.-356 Year-2020 Thana- KHAIRA District- Saran

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======================================================

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BINOD MANJHI S/O SUPAN MANJHI R/o village- Jagdishpur, P.S.Khaira, District- Saran at Chapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajani Kumari For the Opposite Party/s : Mrs.Gulnar Begum, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 27-01-2022

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Due to the third wave of COVID-19 Pandemic, the

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matter is being taken up by way of Virtual Court proceeding.

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The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.

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Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

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Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

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The petitioner is apprehending his arrest in a case registered under Sections 363, 366/34 of the Indian Penal Code.

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The prosecution allegation, in short, is that the son of the petitioner abducted the daughter of the informant.

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It has been submitted on behalf of the petitioner that

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Patna High Court CR. MISC. No.46208 of 2021(2) dt.27-01-2022 2/3

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the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No physical or sexual abuse is alleged against the petitioner. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has not named the petitioner. The petitioner has been made accused in the present case because of the previous enmity between the parties.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

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Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bonds to the satisfaction of learned Judicial Magistrate, 1^st Class, Saran at

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Patna High Court CR. MISC. No.46208 of 2021(2) dt.27-01-2022 3/3

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Chapra in connection with Khaira P.S. Case No. 366/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Binod Manjhi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Binod Manjhi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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