Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner subject to a bond, sureties, and conditions of cooperation.
Summary
Manish Kumar was arrested in a POCSO case alleging that he eloped with and married the 17‑year‑old daughter of the informant without obtaining a divorce. The informant’s younger daughter, who was the alleged victim, was examined in trial but was declared hostile and did not support the prosecution. The petitioner, in custody since 17 January 2025, applied for regular bail, claiming false implication and willingness to cooperate. The State and the informant opposed bail, emphasizing the seriousness of the offence and the petitioner’s alleged second marriage. After considering the FIR, the hostile testimony, and the year‑long detention, the Court ordered that bail be granted on a bond of Rs.10,000 with two sureties and imposed conditions of physical presence and cooperation in trial. The bail may be cancelled if the trial is delayed due to the petitioner’s non‑cooperation.
Issues considered
- Whether regular bail can be granted in a POCSO case where the alleged victim has turned hostile
- Whether the petitioner’s alleged conduct of marrying a minor without divorce warrants denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 64, 96
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- POCSO
- regular bail
- hostile witness
- minor
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69255 of 2025
Arising Out of PS. Case No.-172 Year-2024 Thana- PARASBIGHA District- Jehanabad
======================================================
Manish Kumar S/o Awadh Singh R/o Village - Bhinak Bigha, P.S - Sigori,
District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX R/o Village - Bhamwar Bigha, P.S - Parasbigha, District - Jehanabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate
For the State : Mr. Narsingh Tanti, APP
For the Informant : Mr. Kumar Navinam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner has preferred this application for
grant of regular bail in connection with POCSO Case no. 9 of
2025 (arising out of Parasbigha P.S. Case no. 172 of 2024)
registered under sections 137(2), 96 and 64 of the Bharatiya
Nyaya Sanhita, 2023 and sections 4 and 6 of the POCSO Act.
3. As per the prosecution case, the informant states
that the petitioner who happens to be his son-in-law eloped with
his 17 year old minor daughter.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The younger
Patna High Court CR. MISC. No.69255 of 2025(3) dt.21-01-2026
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daughter of the informant returned and has been examined in course
of trial in the learned trial Court wherein on not supporting the
prosecution case, she was declared hostile. The petitioner is in
custody since 17.1.2025 and undertakes to cooperate in the trial.
5. The application for bail is opposed by learned APP
for the State and learned counsel for the informant. Learned
counsel for the informant submits that the petitioner is named in
the FIR and there is direct allegation against him. Without
obtaining divorce, he has married for the second time with the
younger daughter of the informant and they are living together.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the contents
of the deposition of the younger daughter of the
informant/victim in course of trial in the learned trial Court
wherein she was declared hostile together with the petitioner
having remained in custody for one year since 17.1.2025, the
Court directs the petitioner to be enlarged on bail in connection with
POCSO Case no. 9 of 2025 (arising out of Parasbigha P.S. Case no.
172 of 2024) on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District & Additional Sessions Judge-
VI-cum-Special Court, POCSO, Jehanabad on the following
Patna High Court CR. MISC. No.69255 of 2025(3) dt.21-01-2026
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conditions:
(i) The petitioner shall remain physically present in
Court on each date of the trial and shall cooperate in the trial.
(ii) In case the learned trial Court is of the opinion
that the trial is being delayed due to non-cooperation on part of
the petitioner, the learned trial Court may cancel the bail bond of
the petitioner and take him into custody.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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