Patna High Court
Mannu Kumar @ Manu Kumar @ Abhimannu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 127(2), 143, 318(4), 336(3), 338, 3(5), 61(2)
- Juvenile Justice Act, 2015 — s. 79
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
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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.
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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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