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Patna High Court

Sandip Manjhi @ Sardip ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding that the principal accusation of sexual assault was against the co‑accused and the petitioner’s involvement was merely as a friend.

Summary

The petitioner, Sandip Manjhi, was named in an FIR for alleged kidnapping of a 16‑year‑old girl with intent to commit illicit intercourse or marriage, under IPC sections 366‑A read with 34 and POCSO Act section 8. He sought bail, contending that the primary allegation of sexual assault pertained to his friend, co‑accused Dipul Kumar, who had married the girl with her consent. The victim’s statement under Section 164 CrPC supported the claim that the assault charge was against Dipul Kumar, not the petitioner. No victim or her mother appeared despite notice. The court, noting the petitioner’s role as merely a friend and the lack of direct evidence against him, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under CrPC Section 438(2) and BNSS Section 482(2).

Issues considered

  • Whether the petitioner is entitled to bail despite charges under IPC 366‑A and POCSO Act.
  • Whether the primary allegation of sexual assault against the co‑accused absolves the petitioner from detention.

Legislation cited

Subjects

  • bail
  • kidnapping
  • sexual assault
  • POCSO
  • IPC 366-A
  • Criminal Procedure
  • minor
  • marriage
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.25408 of 2024
                         Arising Out of PS. Case No.-593 Year-2022 Thana- TEKARI District- Gaya
                 ======================================================
                 Sandip Manjhi @ Sardip Manjhi, S/o Sukend Ram @ Sakendar Manjhi,
                 Resident of village-Bishunganj Shahbazpur, P.S.-Tekari Panchanpur Dist-
                 Gaya.
                                                                                     ... ... Petitioner
                                                        Versus

           1.    The State of Bihar
           2.      XXX, D/o Jawahar Das, Son of Talkeshwar Das, Resident of Village
                 -Vishnuganj P.S.- Tekari Panchanpur (O.P.), Gaya

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Arya Achint, Advocate
                                                   Ms. Riya Rai, Advocate
                                                   Mr. Amarshakti, Advocate
                 For the State            :        Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

9   28-01-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                  2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Tekari Panchanpur

                   P.S. Case No.593 of 2022 registered under Sections 366-A

                   read with 34 of the Indian Penal Code as well as Section 8 of the

                   Protection of Children from Sexual Offences Act, 2012.

                                  3. Allegation against petitioner is to kidnap the minor

                   daughter of informant aged about 16 years along with other co-
Patna High Court CR. MISC. No.25408 of 2024(9) dt.28-01-2026
                                            2/3




          accused persons for the purpose of illicit intercourse/marriage

          with another person.

                       4. It is submitted by learned counsel appearing for

          petitioner that the thrust of allegation is available against co-

          accused Dipul Kumar and this petitioner has been implicated

          with present case only for the reason that he is the friend of

          main co-accused Dipul Kumar with whom the victim daughter of

          informant out of her own sweet will solemnized her marriage. In

          support of this submission, learned counsel has referred

          Annexure-P/2 series of the present bail petition showing

          photographs of Dipul Kumar solemnizing marriage with

          daughter of the informant.

                       5.     Further, taking shelter of statement of victim

          recorded under Section 164 of the Code of Criminal Procedure,

          it is submitted that the allegation of sexual assault is specifically

          available against Dipul Kumar with whom the daughter of

          informant has solemnized her marriage and living happily.

                       6.   Learned APP opposed the prayer of bail.

                       7. Despite of service of notice, as same was received

          by the mother of victim, none turned up to join the present

          proceeding.
            Patna High Court CR. MISC. No.25408 of 2024(9) dt.28-01-2026
                                                        3/3




                                   8. In view of aforesaid factual submissions and by

                      taking note of fact as the allegation qua sexual assault is

                      specifically available against co-accused Dipul Kumar with whom

                      the victim daughter of informant has solemnized marriage out of

                      her own sweet will, coupled with the fact that the implication of

                      this petitioner prima facie appears being one of the friends of

                      main co-accused Dipul Kumar, accordingly, the petitioner,

                      above-named, in the event of his arrest or surrender in the court

                      below within a period of four weeks from today, is directed to be

                      released on bail on furnishing bail bond of Rs.10,000/- (Rupees

                      Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Special Judge POCSO, Gaya in

                      connection with Tekari Panchanpur P.S. Case No.593 of 2022,

                      subject to the conditions as laid down under Section 438(2) of

                      the Code of Criminal Procedure (in short ‘CrPC’)/under Section

                      482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short

                      ‘BNSS’).


                                                           (Chandra Shekhar Jha, J.)
    Sanjeet/-

U       T


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