AKHILESH MANJHI v. The State of Bihar
Court: Patna High Court
Bench: MR. JUSTICE PRABHAT KUMAR JHA
Judgment date:
Case summary
Patna High Court judgment dated 2020-12-07. AKHILESH MANJHI v. The State of Bihar. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 32366 of 2020 Arising Out of PS. Case No. -471 Year-2020 Thana- MADHAURAH District- Saran ====================================================== AKHILESH MANJHI S/o Khedan Manjhi R/o Village-Paterhi Jalal, P. S- Marhaurah, District-Saran at Chapra. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jeetendra Narayan For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 07-12-2020 Heard both sides. The matter has been taken up through video conferencing. The petitioner seeks bail in Marhaurah P. S. case No. 471/2020 registered u/s 341, 323, 342, 504, 506, 509, 376DA, 201, 120B of the IPC, u/s 4/6 of POCSO Act and u/s 6A, 69A of the I. T. Act.
The informant alleged that she had gone to ease out but all the accused persons, including the petitioner, forcibly took her to a lonely place situated in Chaur. Firstly, Rahul Kumar committed rape with her while other five were video-graphing the entire incident. The petitioner also twice committed rape with her and others were video-graphing. The learned counsel for the petitioner submits that the Patna High Court CR. MISC. No. 32366 of 2020(2) dt. 07-12-2020 2/2 informant alleged that accused persons are co-villager of the informant but the petitioner is resident of another village. The petitioner has falsely been implicated in the case. The victim was having love affair with Rahul Kumar and some dispute arose and that is why the petitioner has falsely been implicated in the case but it appears that there is specific allegation against the petitioner that he along with others committed rape with the victim and also video-graphed the entire incident.
The victim in her statement u/s 164 of the Cr. P. C. reiterated the facts. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T
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