Patna High Court
Sudhir Manjhi @ Dhiraj ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to a cash bond, sureties and strict compliance conditions.
Summary
The petitioner, Sudhir Manjhi, was arrested in connection with a case registered on 9 Oct 2024 alleging that he entered a house at night, removed an electric bulb, and attempted to commit a sexual offence against a 19‑year‑old girl, offences charged under Sections 76, 329(4), 115(2), 126(2) of the B.N.S. and Sections 4 and 6 of the POCSO Act. The petitioner contended that the FIR lacks a specific allegation of an overt act, that the case is false and motivated by a personal dispute with the victim’s maternal grandmother, and that the alleged victim is not a minor. The State opposed bail, arguing that the petitioner had attempted to outrage the modesty of the informant. The Court examined the material and, notwithstanding the serious nature of the allegations, granted bail on the condition of a Rs 10,000 bond, two sureties, and compliance with several procedural requirements. The order also stipulated that any concealment of criminal antecedents or violation of bail conditions could lead to cancellation.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the POCSO Act and other serious offences
- Whether the alleged victim is a minor within the purview of the POCSO Act
- Whether the FIR contains a specific allegation of an overt act justifying continued detention
Legislation cited
Subjects
- bail
- POCSO Act
- criminal procedure
- minor
- sexual offence
- personal dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26928 of 2025
Arising Out of PS. Case No.-511 Year-2024 Thana- SHERGHATI District- Gaya
======================================================
Sudhir Manjhi @ Dhiraj Manjhi S/o- Munshi Manjhi Village- Khandel Ps-
Sherghati Dist- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Sarti Kumari D/o- Ramji Manjhi Village- Khandel Ps- Sherghati Dist- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Thakur, Adv.
For the Opposite Party/s : Ms.Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
11 06-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with
Sherghati P.S. Case No. 511 of 2024 dated 09.10.2024 registered
for the offences punishable under Sections 76, 329(4), 115(2),
126(2) of the B.N.S. and Sections 4/6 of the POCSO Act.
3. As per the prosecution case, the informant (victim)
has alleged that while she was sleeping at around 11.00 P.M.,
the petitioner entered her house and was removing the electric
bulb then the victim raised alarm, the petitioner fled away and
thereafter he again came and tried to commit wrong with her.
However, the maternal grand-mother woke up and she came to
rescue the victim and thereafter, the petitioner was apprehended
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and he was handed over to the police.
4. Learned counsel for the petitioner submits that even
from the reading of the F.I.R., it is evident that there is no
specific allegation of overt act alleged against the petitioner and
it has only been said that the petitioner tried to commit wrong
with the victim. It has further been submitted that the petitioner
and the maternal grand-mother of the victim are next door
neighbour and due to some personal dispute between them, the
present false and concocted case has been lodged without any
basis and no such incident as alleged has occurred. It has further
been submitted that the victim girl is also not a minor girl and
she is actually 19 years of age. It has lastly been submitted that
the petitioner has one criminal antecedent and he is in custody
since 10.10.2024.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner. Despite service of notice upon
Opposite Party No. 2, nobody has appeared to oppose the bail
application of the petitioner. Learned A.P.P. has submitted that
the petitioner had tried to outrage the modesty of the informant
(victim) and hence, he should not be enlarged on bail.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
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furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge POCSO -cum- Additional
Sessions Judge-VII, Gaya in connection with Sheghati P.S. Case
No. 511 of 2024, subject to the following terms and
conditions :-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
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in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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