Patna High Court
Shambhu ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, dismissing the regular bail application.
Summary
Shambhu Manjhi was charged under Sections 376 and 506 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act for allegedly raping a 10‑year‑old girl. He applied for regular bail, arguing that the trial had begun, no witnesses had yet appeared, and he had been in custody since March 2024. The High Court noted that the offence involved a minor and that the seriousness of the charge outweighed the petitioner's arguments. Consequently, the court refused to overturn its earlier order and dismissed the bail application. The court also directed the Superintendent of Police to ensure witness attendance on the scheduled trial dates.
Issues considered
- Whether bail should be granted to an accused of rape of a minor under IPC and POCSO provisions
- Whether the lack of witness attendance and the stage of trial justify granting bail
Legislation cited
- Indian Penal Code — s. 376, 506
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- rape
- minor
- POCSO
- IPC
- criminal intimidation
- trial
- witness attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62965 of 2025
Arising Out of PS. Case No.-125 Year-2024 Thana- HARSIDHI District- East Champaran
======================================================
Shambhu Manjhi S/o Late Bhola Manjhi R/o Village - Mehta Tola, P.S -
Harsidhi, District - East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Lalmuni Devi W/o Honi Manjhi R/o Village - Mehta Tola, P.S - Harsidhi,
District - East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Balgovind Sharma, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with P.
Tr. No. 82/2024, CIS No. 96/2, arising out of Harsidhi P.S. Case
No. 125/2024 instituted under Sections 376 and 506 of the
Indian Penal Code and Section 4 and 6 of the POCSO Act.
3. As per prosecution case, the informant alleges
that the petitioner raped her daughter while her daughter was
going to the market.
4. Earlier the regular bail application of the
petitioner was dimissed on 03.07.2024 in Cr. Misc. No. 45449
of 2024 by this Court.
Patna High Court CR. MISC. No.62965 of 2025(3) dt.09-02-2026
2/2
5. The learned counsel for the petitioner submits
that the charge has been framed against the petitioner on
11.04.2024, the trial has also started and no witness has
appeared till date. The petitioner is in custody since 14.03.2024.
6. Considering the fact that the petitioner is accused of
committing rape with a minor girl (10 years old), I am not
inclined to review my earlier order.
7. The application for regular bail is, accordingly,
dismissed.
8. The Superintendent of Police, East Champaran is
directed to ensure the attendance of the witnesses in the trial on
the dates fixed.
9. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran through FAX or e-
mail for its compliance forthwith.
(Sandeep Kumar, J)
Jyoti Kumari/-
U T
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