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Patna High Court

Manju DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioners are entitled to bail as the allegations against them are only as agents of the main accused and not direct charges.

Summary

The petitioners, Manju Devi and Virendra Manjhi, were named in an FIR for kidnapping, attempted rape and related offences under Sections 363, 366A, 372/34 of the IPC and Section 8 of the POCSO Act. They contended that the principal charge of kidnapping and rape was directed at Mukesh Manjhi, and that they were merely agents of the co‑accused, citing clean antecedents and a prior bail order granted to a similarly situated co‑accused. The State opposed the bail application. The Court examined the prima facie evidence and concluded that the allegations against the petitioners were not direct, finding them only as agents of the main accused. Consequently, the Court directed that, upon surrender within four weeks, the petitioners be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS. The bail was granted to ensure judicial parity and protect the petitioners' rights pending trial.

Issues considered

  • Whether the petitioners, named in the FIR, are entitled to bail despite being alleged agents of the principal accused
  • Whether the prima facie evidence establishes a direct charge against the petitioners under the IPC and POCSO Act

Legislation cited

Subjects

  • bail
  • kidnapping
  • POCSO
  • IPC
  • criminal procedure
  • judicial parity
  • minor
  • sexual offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42882 of 2026
                      Arising Out of PS. Case No.-345 Year-2021 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
           1.     Manju Devi W/O Vyas Manjhi R/O Village- Balganga, Ward No. 14, P.S-
                  Turkauliya (Raghunathpur O.P.), Distt.- East Champaran.
           2.    Virendra Manjhi S/O Vyas Manjhi R/O Village- Balganga, Ward No. 14, P.S-
                 Turkauliya (Raghunathpur O.P.), Distt.- East Champaran.
                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar
           2.     XXX W/O XXX R/O Village- Balganga, Ward No. 14, P.S.- Turkauliya
                  (Raghunathpur O.P.), Distt.- East Champaran.
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramakant Yadav
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-07-2026                     Heard the parties.

                                2. The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Turkauliya

                   (Raghunathpur O.P.) P.S. Case No. 345 of 2021

                   registered for the offences punishable under Sections

                   363, 366A, 372/34 of IPC and Section 8 of POCSO Act.

                                3. As per FIR, all FIR named accused persons

                   including petitioner kidnapped the minor daughter of

                   informant aged about 14 years for the purpose of illicit

                   intercourse/ marriage with another person.
Patna High Court CR. MISC. No.42882 of 2026(2) dt.08-07-2026
                                            2/3




                       4. It is submitted by learned counsel appearing

          on behalf of the petitioners that specific allegation of

          kidnapping and rape is against Mukesh Manjhi, whereas

          this petitioners were implicated only being agnets of co-

          accused Mukesh Manjhi, as petitioner no. 1 is the cousin

          aunt of the co-accused Mukesh Manjhi and petitioner no.

          2 is the son of petitioner no. 1. It is submitted that

          similarly situated co-accused namely, Sahodaree Devi @

          Sahodaree Manjhi has already granted bail by one of the

          learned co-ordinate Bench of this Court through Cr.

          Misc. No. 66464 of 2022 vide order dated 09.05.2023,

          therefore, as a matter of judicial parity this petitioner

          also deserves bail. Petitioners claimed clean antecedents.

                       5. Learned APP opposes the prayer of bail.

                       6. In view of aforesaid factual submissions and

          by taking note of fact as prima-facie the thrust of

          allegation is not available against petitioners, rather they

          appears implicated only being agnet of main co-accused

          namely, Mukesh Manjhi, accordingly both above-named
              Patna High Court CR. MISC. No.42882 of 2026(2) dt.08-07-2026
                                                          3/3




                        petitioners, in the event of their arrest or surrender

                        before the court below within a period of four weeks, are

                        directed to be released on bail, furnishing bail bond of

                        Rs. 10,000/- (Rupees Ten Thousand) each with two

                        sureties of the like amount each to the satisfaction of

                        the learned 6th District and Addl sessions Judge cum

                        Exclusive Spl. Judge, POCSO Act, Motihari, East

                        Champaran /concerned Court, where the case is pending

                        in connection with Turkauliya (Raghunathpur O.P.) P.S.

                        Case No. 345 of 2021, subject to the conditions as laid

                        down under Section 482(2) of BNSS.



                                                                 (Chandra Shekhar Jha, J)
Sudha/-

U         T


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