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2023 DIGILAW 873 (JHR)

Manoj Manjhi v. State of Jharkhand

2023-07-13

PRADEEP KUMAR SRIVASTAVA

body2023
ORDER : 1. Heard learned counsel for the parties. 2. Apprehending their arrest in connection with Bhandariya P.S. Case No. 89 of 2022 instituted under Sections 376, 506 and 34 of the Indian Penal Code and Section 6 of POCSO Act, the petitioners have moved this Court for grant of privilege of anticipatory bail. 3. As per FIR, allegation is that the son of petitioner No. 4 namely Anil Manjhi developed intimacy with the minor victim girl and on false assurance of marriage, he forcibly established sexual relationship with her and made her pregnant. It is further alleged that the minor victim girl told her Fufa about entire occurrence, and a meeting was convened with proposal of marriage, but petitioners along with others threatened to terminate the pregnancy of victim girl. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case due to personal grudge. The main accused is Anil Manjhi while the petitioners are his close-relatives and they have committed no offence at all to attract provision of offences under Sections 376, 506 and 34 of IPC as well as Section 6 of POCSO Act. It is further submitted that the real fact is that the son of petitioner No. 4 namely Anil Manjhi established relationship with the minor victim girl and made her pregnant rather the only allegation against the petitioners is that they are protesting the same and threatened for termination of pregnancy of the victim girl which is entirely false and fabricated. Petitioners have no criminal antecedents and undertake to co-operate with the investigation of the case and abide all terms and conditions imposed upon them and shall also not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. Hence, the petitioners may be extended the privilege of anticipatory bail. 5. Learned Addl. P.P. appearing for the State opposes the prayer for anticipatory bail of the petitioners and submits that there is direct and specific allegation the petitioners of threatening the informant for termination of pregnancy of minor victim girl. Hence, petitioners may not be extended privilege of anticipatory bail. 6. 5. Learned Addl. P.P. appearing for the State opposes the prayer for anticipatory bail of the petitioners and submits that there is direct and specific allegation the petitioners of threatening the informant for termination of pregnancy of minor victim girl. Hence, petitioners may not be extended privilege of anticipatory bail. 6. It appears that admittedly, the victim girl is minor girl and there was love-affair between the minor victim girl and the main accused Anil Manjhi but no materials have been collected showing their complicity in the alleged offence rather they declined to solemnize of marriage on account of minority of victim girl. 7. Considering the facts and circumstances of this case, the nature of allegation against petitioners coupled with materials available on record and their role in the offence, I am inclined to extend privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO Act, Garhwa in connection with Bhandariya P.S. Case No. 89 of 2022 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.