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Patna High Court

Mannu Kumar @ Manu Kumar @ Abhimannu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to conditions, as the allegations did not justify continued detention.

Summary

The petitioner, Mannu Kumar, was arrested in connection with a case alleging that minor girls were forced to dance to indecent songs at Sitara Orchestra. The prosecution alleged that the petitioner, along with the proprietor Chandu Sah, was involved in the exploitation, charging him under several sections of the Bhartiya Nyaya Sanhita, the Child Labour Act and the Juvenile Justice Act. The petitioner contended that he was merely a sound and DJ operator, not the proprietor, that the girls were actually adults, and that he had no prior criminal record. The State opposed bail, but the court, after considering the facts and submissions, granted bail subject to monetary sureties and strict conditions regarding attendance, cooperation, and non‑tampering with evidence. The order also required the petitioner to appear regularly before the police until charge‑framing.

Issues considered

  • Whether the petitioner is entitled to bail pending trial for the offences alleged under the Bhartiya Nyaya Sanhita, Child Labour (Prevention and Regulation) Act and Juvenile Justice Act.
  • Whether the alleged victims were minors at the time of the incident, affecting the applicability of the child‑labour and juvenile‑justice provisions.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • child labour
  • juvenile justice
  • sexual exploitation
  • Bhartiya Nyaya Sanhita
  • Indian criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2945 of 2026
                      Arising Out of PS. Case No.-78 Year-2025 Thana- MAHILA P.S. District- Siwan
                 ======================================================
                 Mannu Kumar @ Manu Kumar @ Abhimannu Kumar, S/o- Bisheshwar
                 Sharma, Resident of Village- Madarpur Post- Kisunpura PS- Basantpur, OP
                 Lakri Nabiganj, District- Siwan
                                                                        ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Yashraj Bardhan, Advocate
                 For the Opposite Party/s :       Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   23-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with Mahila

                   P.S. Case No. 78 of 2025 dated 21.11.2025 instituted for the

                   offence punishable under Sections 127(2), 318(4), 143, 338,

                   336(3), 61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and

                   Section 14(1) of the Child Labour (Prevention and Regulation)

                   Act, 1986 and Section 79 of the Juvenile Justice Act, 2015.

                                3. The prosecution case, in short, is that on the alleged

                   date of occurrence, the informant along with other police

                   personnel conducted a raid at Sitara Orchestra, Madarpur and

                   recovered two minor girls, who disclosed the name of the

                   petitioner and one Chandu Sah, who is the proprietor of the
Patna High Court CR. MISC. No.2945 of 2026(3) dt.23-02-2026
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          Orchestra. It is alleged that the accused persons used to compel

          and torture them to dance on indecent songs. The police

          apprehended the petitioner at the spot.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in this

          case. Learned counsel for the petitioner further submits that the

          petitioner is not the proprietor of the said Orchestra. The

          proprietor of the Orchestra is Chandu Sah. The petitioner is the

          Sound and D.J. Operator and he had gone to Sitara Orchestra for

          doing the work upon payment of his charges. It is further

          submitted that the petitioner was not at all engaged in the

          activity of Chandu Sah i.e. bringing the girls for dance in

          Orchestra. It is further submitted that at the time of incident,

          both the girls were major which is proved from the certificate

          given by their guardian. Lastly, it has been submitted that the

          petitioner is in custody since 22.11.2025 having no criminal

          antecedents. Charge-sheet has been submitted in the case.

                       5. Learned A.P.P. has opposed the prayer for bail of

          the petitioner.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of
Patna High Court CR. MISC. No.2945 of 2026(3) dt.23-02-2026
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          Rs. 10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned S.D.J.M., Siwan in

          connection with Mahila P.S. Case No. 78 of 2025, subject to the

          following conditions:-

                          1. Petitioner shall co-operate in the trial and shall

                          be properly represented on each and every date

                          fixed by the Court and on his absence on two

                          consecutive dates without sufficient reason, his bail

                          bond shall be cancelled by the Court below.

                          2. One of the bailors will be his own blood relation,

                          preferably father, mother, brother, sister and or his

                          wife.

                          3. The bailor shall also state on affidavit that he

                          will inform the court concerned if the petitioner is

                          made accused in any other case of similar nature

                          after his release in the present case and thereafter

                          the court below will be at liberty to initiate the

                          proceeding for cancellation of bail on ground of

                          misuse.

                          4. If the petitioner tampers with the evidence or the

                          witnesses, in that case, the prosecution will be at

                          liberty to move for cancellation of bail.
           Patna High Court CR. MISC. No.2945 of 2026(3) dt.23-02-2026
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                                     5. The petitioner within two weeks after his release

                                     from custody shall appear before the local police

                                     station along with a copy of this order and

                                     thereafter shall appear in the first week of every

                                     month to mark his attendance till framing of

                                     charge.


                                                                         (Khatim Reza, J)

premchand/-

U      T


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