Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the refusal of anticipatory bail and granted anticipatory bail to the appellant.
Summary
Manish Kumar appealed against the refusal of anticipatory bail by an Additional Sessions Judge in a case registered under IPC sections 366(A) and 34 and SC/ST Act sections 3(1)(R) and 3(1)(s). The informant alleged that Kumar kidnapped his 15‑year‑old daughter, but Kumar contended that the girl was an adult who had eloped, married him, and bore a child. The appeal, filed under Section 14‑A(2) of the SC/ST Act, was delayed by seven days, for which an interim application was allowed. The High Court held that the delay was condonable and that the allegations did not justify denial of bail, especially given the appellant’s clean antecedents. Consequently, the court set aside the lower court’s order and granted anticipatory bail subject to a bail bond and sureties, allowing the appeal.
Issues considered
- Whether the refusal of anticipatory bail under the SC/ST Act can be set aside in view of the facts alleged.
- Whether a seven‑day delay in filing the appeal is sufficient cause to reject the appeal.
- Whether the alleged victim is a minor under the law, affecting the applicability of the SC/ST Act and POCSO provisions.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 34, 366(A)
- Protection of Children from Sexual Offences Act, 2012
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(R), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- IPC 366A
- minor
- age of consent
- delay in appeal
- Section 14-A
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.173 of 2026
Arising Out of PS. Case No.-105 Year-2018 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Manish Kumar S/o- Manoj Rai @ Manoj Roy R/v- Jalalpur Ps- Shahpur
Patori Dist- Samastipur
... ... Appellant/s
Versus
1. The State of Bihar
2. Ram Pravesh Pasawan S/o- Late Puran R/v- Jalalpur Ps- Shahpur Patori
Dist- Samastipur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar
For the Respondent/s : Mr. Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 17-06-2026 1. Heard learned counsel for the appellant, learned
Special P.P. for the State, Mr. Binay Krishna and the learned
counsel appearing on behalf of the informant.
2. Learned counsel for the appellant submits that there
is delay of 7 days in filing the appeal, for which, I.A. No.01 of
2026 has been filed.
3. In view of the grounds taken in the I.A. application,
I.A. No.01 of 2026 is hereby allowed.
4. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
Patna High Court CR. APP (SJ) No.173 of 2026(3) dt.17-06-2026
2/3
order dated 23.09.2025 in A.B.P. No. 2046/2025 passed by the
learned Additional Sessions Judge-VI-cum-Special Judge
POCSO Act, Samastipur in connection with Shahpur Patori P.S.
Case No. 105/2018, registered for the offences punishable under
Sections 366(A) and 34 of the Indian Penal Code as well as
Sections 3(1)(R) and 3(1)(s) of the SC/ST Act.
5. Learned counsel for the appellant submits that
appellant is a person with clean antecedent and the informant
alleges that his minor daughter aged about 15 years was
kidnapped by the appellant along with named accused persons
on 12.04.2018, when the victim had gone out of the house to
attend nature’s call.
6. Learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant. It is further submitted that the victim is not minor
rather has reached the age of discretion and they eloped and
they got married and out of the wedlock, a child was born and
the victim presently is staying with the appellant.
7. Learned counsel appearing on behalf of the
informant does not oppose the said submissions of the learned
counsel appearing on behalf of the appellant.
8. After hearing the learned counsel for the parties, the
Patna High Court CR. APP (SJ) No.173 of 2026(3) dt.17-06-2026
3/3
order impugned is set aside. Let the appellant, above named, in
the event of her arrest or surrender within a period of six weeks
from the date of receipt of the order, be released on anticipatory
bail on furnishing bail bond of Rs.5,000/- (rupees five thousand)
with two sureties of the like amount each to the satisfaction of
the learned court below where the case is pending in connection
with the aforesaid case, subject to the conditions as laid down
under Section 482(2) of the BNSS.
9. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Satyavrat Verma, J)
amit/-
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