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Patna High Court

Krishna Manjhi @ Krishn Manjhi @ KrishnversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                          3/3




                        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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