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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was not granted to the petitioner at this stage of the proceedings.

Summary

Manish Kumar was charged under the Bihar Narcotic Substances Act, 2023 (Sections 65(1), 137, 140(3), 115(2), 351(2)) and the POCSO Act (Sections 4 and 6) for allegedly kidnapping and sexually assaulting the minor daughter of the informant. The victim testified that Kumar, her uncle, forced her onto a bike, tied her, and took her to Patna where a physical relationship was forced. The petitioner argued innocence, citing a three‑day delay in filing the FIR, lack of medical injuries, and no criminal antecedents. The prosecution highlighted the victim’s detailed statement, the familial relationship, and the seriousness of the offences. The court, after hearing both sides, declined to grant bail, directing the trial court to expedite the trial within six months and allowing the petitioner to re‑apply for bail thereafter.

Issues considered

  • Whether bail should be granted to the accused in a case involving kidnapping and sexual assault of a minor under the B.N.S., 2023 and POCSO Act.
  • Whether the three‑day delay in filing the FIR and absence of medical injuries affect the bail eligibility.
  • Whether the seriousness of the offences and the familial relationship warrant continued custody.

Legislation cited

Subjects

  • bail
  • kidnapping
  • child sexual abuse
  • POCSO Act
  • criminal procedure
  • trial delay
  • medical evidence
  • serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76542 of 2025
                       Arising Out of PS. Case No.-128 Year-2025 Thana- SALIMPUR District- Patna
                 ======================================================
                 Manish Kumar S/o- Umesh Ray @ Umesh Rai Resident of village- Bidhipur
                 Karauta Po- Khushrupur, PS- Salimpur Dist- Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Santu Rai S/o- Late Vishuni Bhagat Resident of village- Bidhipur Karauta
                 Po- Khushrupur, PS- Salimpur Dist- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mahesh Kumar, Advocate
                                                  Mr. Robin Kumar, Advocate
                 For the Informant        :       Ms. Tripti Singh, Advocate
                                                  Mr. Vishal Prasad, Advocate
                 For the Opposite Party/s :       Mrs. Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   19-01-2026                    Heard learned counsel for the petitioner; learned

                   counsel for the informant and learned APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Salimpur P.S. Case No. 128 of 2025 registered for the

                   offence punishable under Sections 65(1), 137, 140(3) of the

                   B.N.S., 2023 Sections 4 and 6 of the POCSO Act and

                   subsequently charge sheet has been submitted under Section

                   65(1), 115(2), 137(1)(b), 140(3), 351(2) of the B.N.S., 2023.

                                 3. The case of the prosecution in short is that the

                   minor daughter of the informant has gone to school, but she did

                   not return for a considerable time. When she returned on
Patna High Court CR. MISC. No.76542 of 2025(3) dt.19-01-2026
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          16.05.2025, she was asked where she had gone, and then she

          disclosed that the petitioner had forcefully boarded her on a

          bike, tied her hands and legs, taken her to Patna, and established

          physical relationship with her.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that the victim

          was missing since 14.05.2025, whereas this case was filed on

          17.05.2025. It has been submitted that there is a delay in filing

          the FIR of three days. It has further been submitted that from the

          perusal of the medical report, it is clear that doctors have not

          found any injury on any part of the body of the victim. Learned

          counsel for the petitioner further submits that during the course

          of investigation, the victim has stated that she was taken to

          Patna, where she was subjected to forceful physical intercourse,

          but the I.O. has not identified that place during the entire

          investigation. He further submits that a statement has been made

          in para 3 of the petition that petitioner has no criminal

          antecedent and he is languishing in judicial custody since

          19.05.2025.

                       5. The application for bail is opposed by the learned
Patna High Court CR. MISC. No.76542 of 2025(3) dt.19-01-2026
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          counsel for the informant and the learned APP for the State and

          submits that during the course of investigation, the victim has

          given her statement recorded under Section 183 of the BNSS,

          wherein she has specifically stated that while the victim was

          going to school, the petitioner, who is an uncle in relation,

          offered to drop her off at school on his bike; after that, the

          petitioner did not take her to school rather, he took her to

          Khushrupur, and from there, her hands and feet were tied, and

          by a pickup van, she was taken to Patna, where a physical

          relationship was established forcefully. Learned counsel for the

          informant further submits that as far as delay is concerned, as

          the victim has returned on 16.05.2025 and the petitioner

          happens to be an uncle in relation, they have to muster courage

          for filing the FIR. From the perusal of the injury report, it is

          clear that the I.O. has not attached all the enclosures, but part of

          the injury report has been sent. There is no description of the

          examination of the private part of the victim. Admittedly, the

          petitioner is an uncle in relation.

                       6. Having heard learned counsel for the parties and

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

          not inclined to enlarge the petitioner on bail at this stage,

          however, the petitioner will be at liberty to renew his prayer for
           Patna High Court CR. MISC. No.76542 of 2025(3) dt.19-01-2026
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                     bail after six months, if the trial is not concluded.

                                  7. Learned trial court is directed to expedite the trial

                     so as to conclude the same within the said period.

                                  8. Accordingly, the bail petition of the petitioner

                     stands rejected.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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