Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Settlement System (BNSS) — s. 482(2)
- Indian Penal Code — s. 34, 363, 366A, 372
- Protection of Children from Sexual Offences Act — s. 8
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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