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Patna High Court

Dhirendra Lal Harijan @ Dhirendra Prasad ManjhiversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied as the court found the allegations of kidnapping and rape of a minor under the POCSO Act to be serious and supported by the victim’s statement and witness testimony.

Summary

The petitioner, Dhirendra Lal Harijan, was arrested on 29 October 2024 in connection with a POCSO case alleging that he kidnapped and raped a 14‑year‑old girl with the intention of marriage. He applied for bail, claiming a clean antecedent and that the FIR was false, delayed, and based merely on suspicion. The State, through the informant’s counsel and the Additional Public Prosecutor, opposed bail, citing the victim’s recorded statement under Section 183 of the Bihar Narcotic Substances Act, 2023, which alleged rape and kidnapping, and noting that six of eight charge‑sheet witnesses had already been examined. The court considered the seriousness of the offences under the POCSO Act and the corroborative evidence from the victim and witnesses. Concluding that the allegations were substantiated and the offence grave, the court refused bail and directed the trial court to expedite the proceedings.

Issues considered

  • Whether bail should be granted to the accused in a POCSO case involving alleged kidnapping and rape of a minor.
  • Whether the delay in filing the FIR and the alleged lack of substantive evidence justify bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • kidnapping
  • rape
  • minor
  • criminal procedure
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78053 of 2025
                  Arising Out of PS. Case No.-122 Year-2024 Thana- TERHAGACHH District- Kishanganj
                 ======================================================
                 Dhirendra Lal Harijan @ Dhirendra Prasad Manjhi S/o Labanu Lal Harijan @
                 Shree Prasad Manjhi Resident of Village- Farabari, P.S.- Terhagachh, District-
                 Kishanganj

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sima Devi W/o Shrawan Lal Harijan R/o Harhariya Baans, P.S.-
                 Terhagachh, District- Kishanganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Amal Kumar Sinha,Advocate
                 For the Opposite Party/s :      Mr.Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   23-03-2026                  Heard Mr.Amal Kumar Sinha learned counsel for the

                   petitioner, learned counsel for the informant and                  Mr.Bhanu

                   Pratap Singh,         learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   29.10.2024 in connection with POCSO Case No. 11 of 2025

                   arising out of Terhagachh P.S. Case No. 122 of 2024, F.I.R.

                   dated 28.10.2024 registered for the offence punishable under

                   Sections 137(2), 96, 352, 351(2) of BNS but the cognizance has

                   been taken against the petitioner under Sections 137(2),

                   96,126(2),127(4),65(1),115(2),351(3), 352 of the POCSO Act

                   and Sections 4 and 6 of the POCSO Act.
Patna High Court CR. MISC. No.78053 of 2025(3) dt.23-03-2026
                                            2/3




                       3. Allegation against the petitioner is that he

          kidnapped and raped the minor victim girl who is aged about 14

          years with the intention of marriage.

                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has clean antecedent. The allegation

          as alleged in the FIR is false and fabricated and the petitioner

          has not committed any offence as alleged in the FIR and he has

          been made accused in the present case merely on the basis of

          suspicion. It appears from the FIR that the date of occurrence as

          alleged in the FIR is 23.09.2024 but the present FIR has been

          instituted on 28.10.2024 after delay of 35 days without giving

          any explanation of delay.

                       5. Learned counsel for the informant and learned

          A.P.P. for the State, on the other hand, has vehemently opposed

          the prayer for bail of the petitioner and submits that the

          statement of the victim was recorded under Section 183 of

          BNSS,2023 in which she has categorically stated that the

          petitioner has committed rape upon her, apart from aforesaid,

          the victim has also stated that the petitioner has kidnapped her

          and on the date of occurrence the victim was minor. Learned

          counsel for the informant further submits that the trial has begun

          and out of eight chargesheet witnesses, six witnesses have been
               Patna High Court CR. MISC. No.78053 of 2025(3) dt.23-03-2026
                                                           3/3




                         examined.

                                      6. Considering the aforesaid facts and the nature of

                         allegation against the petitioner which is supported by the

                         victim, I am not inclined to enlarge the petitioner on bail in

                         connection with POCSO Case No. 11 of 2025 arising out of

                         Terhagachh P.S. Case No. 122 of 2024 pending in the court of

                         learned Exclusive Special Judge (POCSO), Kishanganj.

                                      7. Prayer is refused.

                                      8. However, the learned Trial Court is directed to

                         expedite the trial and conclude the same at the earliest.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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