Patna High Court
Krishna Manjhi @ Krishn Manjhi @ KrishnversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to a bond, sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Krishna Manjhi was accused under Sections 126(2) and 74 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Sections 8 and 12 of the POCSO Act for allegedly taking a 13‑year‑old girl to a bush and using filthy language, causing her to cry. The petitioner claimed he was falsely implicated due to a water‑drainage dispute with the complainant’s family, both parties being neighbours, and asserted that the dispute had been amicably settled with a joint compromise petition. He sought anticipatory bail, emphasizing his clean antecedent and willingness to cooperate with the investigation. The State opposed the bail on the ground of the seriousness of the alleged offences under the POCSO Act. Considering the petitioner’s clean record, the compromise between parties, and the conditions of Section 482(2) of the B.N.S., the Court granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with further conditions as prescribed by the Special Court (POCSO).
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused under the B.N.S. and POCSO Act.
- Whether the existence of a compromise petition and the petitioner’s clean antecedent justify bail despite the seriousness of the alleged offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 126(2), 482(2), 74
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- anticipatory bail
- POCSO Act
- false implication
- compromise petition
- clean antecedent
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21991 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- MAHILA P.S. District- Nawada
======================================================
Krishna Manjhi @ Krishn Manjhi @ Krishn S/o Late Etwari Manjhi R/o vill -
Mohiuddinpur, P.s.- Nawada Town, Distt.- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar.
2. XX W/o Y R/o vill - Mohiuddinpur, P.S.- Nawada Town, Distt.- Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Prasad Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 08-07-2026 Despite valid service of notice, no one appears on
behalf of the O.P. No.2.
2. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
3. The petitioner apprehends his arrest in connection
with Mahila P.S. Case No.35 of 2025 instituted under Sections
126(2) and 74 of the B.N.S., 2023 and Sections 8 & 12 of the
POCSO Act.
4. As per the F.I.R., it is alleged that on the date of
occurrence, the informant’s daughter aged about 13 years, was
grazing her goat at the bank of river, where petitioner was also
Patna High Court CR. MISC. No.21991 of 2026(3) dt.08-07-2026
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present. It is alleged that petitioner took the informant’s
daughter to bush and started using filthy language on which the
informant’s daughter started crying due to which petitioner fled
away from the spot.
5. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. Both the parties are next door neighbours and due to
dispute over water drainage, the present case has been lodged.
He further submits that both the parties have amicably settled
the dispute and in this regard a joint compromise petition has
also been filed in the Court concerned. No case is made out for
the POCSO Act. Petitioner is a poor labourer, having got clean
antecedent and he undertakes to cooperate in the trial and
investigation of the case.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
7. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and clean
antecdent of the petitioner in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.21991 of 2026(3) dt.08-07-2026
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amount to each to the satisfaction of the learned A.D.J. VI cum
Special Court (POCSO Act), Nawada in connection with Mahila
P.S. Case No.35 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Utkarsh.k/-
U T
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