Patna High Court

Govind Kumar @ Govind ManjhiversusThe State of Bihar

Decided: 3 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Govind Kumar, was charged with kidnapping and rape of a minor under IPC sections 366(A) and 376(3) and POCSO Act sections 4 and 8. The prosecution alleged that he abducted the informant's minor daughter, while the victim’s statement recorded under Cr.P.C. Sec. 164 indicated she voluntarily accompanied the petitioner to her elder sister’s house without any pressure. The petitioner, who has no prior criminal record and has been in judicial custody since May 5, 2023, sought regular bail. The State opposed the bail application. After hearing both sides, the court considered the victim’s voluntary statement, lack of antecedents, and the circumstances of the case, and decided to grant regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under IPC 366(A), 376(3) and POCSO Act sections 4 and 8.
Whether the victim’s statement under Sec. 164 of Cr.P.C. negates the alleged kidnapping and rape.
Whether the petitioner’s clean antecedent and length of pre‑trial detention justify bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 164
Indian Penal Code — s. 366A, 376(3)
Protection of Children from Sexual Offences Act — s. 4, 8

Subjects

bail
kidnapping
rape
POCSO
victim statement
criminal antecedent
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71922 of 2025
                         Arising Out of PS. Case No.-216 Year-2023 Thana- GURUA District- Gaya
                 ======================================================
                 Govind Kumar @ Govind Manjhi S/o- Late Yugesh Manjhi Resident of
                 Village- Pati, P.S. Deo, District- Aurangabad
                                                                 ... ... Petitioner/s
                                                       Versus
           1.     The State of Bihar
           2.     Kunti Devi W/o- Santosh Sao R/v- Gurua Mohalla, Upardih Ps- Gurua Dist-
                  Gaya
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Sharma, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   03-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 366(A) of the

                   Indian Penal Code and later on, Section 376(3) of IPC and Section

                   4/8 of the POCSO Act were added.

                                3. The case of the prosecution is that the minor

                   daughter of the informant was kidnapped by the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that during course of

                   investigation,       the victim was recovered and has given her

                   statement recorded under Section 164 of the Cr.P.C. wherein she

                   has stated that she has gone to Gurua Bazar for purchasing some
            Patna High Court CR. MISC. No.71922 of 2025(4) dt.03-02-2026
                                                        2/2




                      articles. There, she met the petitioner and she went to her elder

                      sister’s house with the petitioner. She remained at her elder

                      sister’s house for four days whereas the petitioner went

                      somewhere else. The victim has categorically stated that she has

                      gone to her elder sister’s house with her own will. Petitioner has

                      not pressurized her. A statement has been made in para-3 of this

                      petition that the petitioner has got no criminal antecedent.

                      Moreover, he is languishing in judicial custody since 05.05.2023.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Gurua P.S. Case No. 216 of 2023 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Court of Exclusive Special

                      Judge POCSO-cum-Additional Sessions Judge-VII, Gaya.



                                            (Ashok Kumar Pandey, J)
Shubham/-
U     T

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