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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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/-

U        T


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