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Patna High Court

Mantosh KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court denied bail to the petitioner.

Summary

Mantosh Kumar was arrested on 12 December 2025 in connection with a POCSO case alleging that he kidnapped a minor girl for the purpose of marriage. The charges were framed under Sections 87 of the B.N.S., 2023, Sections 137(2) and 140(3) of the B.N.S., and Section 8 of the POCSO Act. The petitioner pleaded innocence, claiming the allegations were fabricated, and sought bail. The State opposed bail, highlighting the victim’s date of birth (16 October 2008) which established her minority at the time of the alleged offence and citing corroborative witness testimony. The Court, considering the seriousness of the allegations and the supporting evidence, declined to grant bail. Consequently, the petition for bail was dismissed.

Issues considered

  • Whether bail should be granted to the accused in a POCSO case involving alleged kidnapping of a minor for marriage
  • Whether the allegations and evidence justify denial of bail under the B.N.S., 2023 and the POCSO Act

Legislation cited

Subjects

  • bail
  • POCSO
  • kidnapping
  • minor
  • child protection
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29623 of 2026
                       Arising Out of PS. Case No.-55 Year-2025 Thana- SIRARI District- Sheikhpura
                 ======================================================
                 Mantosh Kumar S/O Shyam Kishor Prasad @ Sham Kishor Ray @ Shyam
                 Kishore Roy R/O Village- Sikandra, Police Station- Barh, District- Patna
                                                                            ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Babita Devi W/O Ashok Yadav R/O Village- Dariyapur, Police Station-
                  Sirari, District- Sheikhpura
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raj Krishna Jha, Advocate
                 For the State            :        Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   04-05-2026                     Heard Mr. Raj Krishna Jha, learned counsel for the

                   petitioner and Mr. Sanjay Kumar Tiwary, learned APP for the

                   State.

                                    2. Petitioner seeks bail, who is in custody since

                   12.12.2025, in connection with POCSO Case No. 17 of 2026

                   arising out of Sirari P.S. Case No. 55 of 2025, F.I.R. dated

                   19.06.2025 registered for the offences punishable under Sections

                   87 of the B.N.S., 2023 and later on Chargesheet has been

                   submitted under Sections 137(2), 140(3) of the B.N.S. and Section

                   08 of the POCSO Act.

                                    3. Allegation against the petitioner is that he has

                   kidnapped the minor daughter of the informant for the purpose of

                   marriage.

                                   4. Learned counsel for the petitioner submits that the
               Patna High Court CR. MISC. No.29623 of 2026(2) dt.04-05-2026
                                                           2/2




                         petitioner is innocent and he has been falsely implicated in the

                         present case. He further submits that the allegation as alleged in

                         the F.I.R. is false and fabricated and the petitioner has not

                         committed any offence as alleged in the F.I.R.

                                       5.    Learned APP for the State, on the other hand,

                         vehemently opposed the prayer for bail of the petitioner and

                         submits that the date of birth of the victim is 16.10.2008 which

                         suggests that at the time of occurrence the victim was minor and a

                         number of witnesses have supported the case of the prosecution.

                                        6. Considering the nature of allegation supported by

                         the witnesses during investigation, I am not inclined to enlarge the

                         petitioner on bail in connection with POCSO Case No. 17 of 2026

                         arising out of Sirari P.S. Case No. 55 of 2025 pending in the Court

                         of learned District & Additional Sessions Judge-cum-Exclusive

                         Special Judge POCSO, Sheikhpura.

                                         7. Prayer is refused.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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