Patna High Court
Manish Jha @ Manish Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was denied to the petitioner.
Summary
Manish Jha, the petitioner, sought anticipatory bail after learning that he might be arrested in connection with a case involving the kidnapping and alleged sexual assault of a 12‑year‑old girl, the daughter of an informant. The FIR, registered as Kaluahi P.S. Case No. 208 of 2024, charges the petitioner under several sections of the Bhartiya Nyay Sanhita, 2023 and sections 8 and 12 of the POCSO Act. The victim was recovered after two days and gave a statement under section 183 of the B.N.S., indicating she knew the petitioner through Instagram but made no incriminating remarks. The petitioner’s counsel argued that the statement did not implicate him, while the State contended that the victim’s testimony showed the petitioner kidnapped her and gave her "bad touch". After considering the submissions, the court held that the allegations were sufficient to deny anticipatory bail, and the petition was dismissed.
Issues considered
- What is the appropriate decision on the petitioner's application for anticipatory bail under the Bhartiya Nyay Sanhita and the POCSO Act?
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 126(2), 127(2)(3), 137(2), 183, 303(2), 74, 87, 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- anticipatory bail
- kidnapping
- sexual assault
- minor
- POCSO Act
- Bhartiya Nyay Sanhita
- social media
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34682 of 2025
Arising Out of PS. Case No.-208 Year-2024 Thana- KALUAHI District- Madhubani
======================================================
Manish Jha @ Manish Kumar Jha S/O Sri Mohan Jha R/O Village- Singhiya,
Tola- Machcha, P.S- Bisfi, Distt.- Madhubani, Pin- 847306.
... ... Petitioner
Versus
1. The State of Bihar
2. Lalit Kumar Jha S/O Late Bishwambhar Jha R/O Village and Post- B.
Belahi, P.- Kaluahi, Distt.- Madhubani, PIN-847215.
3. Rashmi Kumari @ Rashmi Jha D/O Lalit Kumar Jha R/O Village and Post-
B. Belahi, P.- Kaluahi, Distt.- Madhubani, PIN-847215.
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Jayram Sharma, Advocate
For the State : Mr.Kanhiya Kishor, APP
For the Informant : Mr.Ashok Kumar, Advocate
Mr.Bimal Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 13-01-2026 Heard learned counsel for the petitioner and
learned APP for the State duly assisted by learned
counsel for the informant.
2. The accused-petitioner, not named in the
F.I.R., is apprehending his arrest in connection with
Kaluahi P.S. Case No. 208 of 2024 registered for the
offences punishable under Sections 137(2), 87, 74,
96, 126(2), 127(2)(3), 303(2) of the Bhartiya Nyay
Sanhita, 2023 (in short, the ‘B.N.S.’) and section
8/12 of the POCSO Act, pending in the court of
learned Additional Sessions Judge-VI-cum-Special
Patna High Court CR. MISC. No.34682 of 2025(6) dt.13-01-2026
2/3
Judge (POCSO Act), Madhubani.
3. As per FIR, some unknown persons
kidnapped the minor daughter of the informant
aged about 12 years and also raised suspicion that
the victim daughter of the informant might be
assaulted sexually.
4. Learned counsel appearing on behalf of
the petitioner submitted that the victim daughter
of the informant recovered after two days of the
occurrence, thereafter her statement was recorded
under section 183 of the B.N.S.S. It is pointed out
that she was with the petitioner for two days,
where she stated acquainted with petitioner
through social media platform/Instagram. Learned
counsel further pointed out that she stated nothing
incriminating qua sexual assault against this
petitioner.
5. Learned A.P.P. for the State duly assisted
by learned counsel appearing for the informant,
while opposing the prayer for anticipatory bail of
the petitioner, submitted that petitioner is a
married persons aged about 30 years. It is pointed
Patna High Court CR. MISC. No.34682 of 2025(6) dt.13-01-2026
3/3
out that it is a case of sexual assault. It is
submitted that the victim daughter of the
informant was kidnapped by this petitioner and
was kept in captivity, where she was given bad
touch by this petitioner as per her statement
recorded under section 183 of B.N.S.S.
6. In view of the aforesaid factual submission
as the victim categorically stated that out of
acquaintance through social media, the petitioner
kidnapped her and while she was in captivity she
was given bad touch by this petitioner,
accordingly, prayer of anticipatory bail of the
petitioner stands rejected.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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