Patna High Court
Pintu Manjhi @ Pintu BhuiyanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
Petitioner Pintu Manjhi, arrested on 3 July 2025, sought bail in a case registered under Section 64(2)(K) of the B.N.S., 2023 and Sections 4 and 6 of the POCSO Act for alleged rape of a minor who later became pregnant. The petitioner claimed a clean record and alleged that the FIR was fabricated and that the alleged incident occurred more than six months before the FIR. The State opposed bail, relying on the victim’s statement recorded under Section 164 of the Cr.P.C., a medical report confirming pregnancy, and the victim’s date of birth indicating she was a minor at the time of the alleged offence. The Court noted the seriousness of the allegations, the specific and direct nature of the charge, and the corroborative medical evidence, and therefore declined to grant bail. The petition for bail was dismissed.
Issues considered
- Whether bail should be granted to an accused in a POCSO case involving alleged rape of a minor.
- Whether the presence of a victim’s recorded statement and medical evidence creates a prima facie case justifying denial of bail.
Legislation cited
- B.N.S., 2023 — s. 64(2)(K)
- Criminal Procedure Code — s. 164
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- bail
- POCSO
- rape
- minor
- Criminal Procedure Code
- Section 164
- medical evidence
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81224 of 2025
Arising Out of PS. Case No.-227 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
Pintu Manjhi @ Pintu Bhuiyan S/o Bhola Manjhi R/o Village - Padeya, P.S -
Barachatti, District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX D/o YY R/o Village - Padeya, P.S - Barachatti, District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate
For the State : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 25-03-2026 Heard Mr. Ajay Kumar Sinha, learned counsel for the
petitioner and Mr. Anand Kishore Choudhary, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
03.07.2025, in connection with Barachatty P.S. Case No. 227 of
2025, F.I.R. dated 27.06.2025 registered for the offences
punishable under Sections 64 (2)(K) of the B.N.S., 2023 and
Section 4/6 of the POCSO Act.
3. Allegation against the petitioner is that he has
committed rape upon the minor victim girl and made pregnant.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely implicated
in the present case. He further submits that the allegation as
alleged in the F.I.R. is false and fabricated and the petitioner has
Patna High Court CR. MISC. No.81224 of 2025(5) dt.25-03-2026
2/2
not committed any offence as alleged in the F.I.R. He further
submits that the date of occurrence is prior to six months of the
lodging of the F.I.R.
5. Learned APP for the State, on the other hand, on the
basis of material available on record and case diary, vehemently
opposed the prayer for bail of the petitioner and submits that the
statement of the victim was recorded under Section 164 of the Cr.
P.C./183 of the B.N.S.S. in which she has fully supported the case
of the prosecution and apart from that the medical report of the
victim suggests that she was pregnant at the time of her medical
examination and her date of birth is 13.03.2009 which suggests
that at the time of occurrence she was minor.
6. Considering the aforesaid facts and circumstances of
the case and there is specific and direct allegation against the
petitioner, I am not inclined to enlarge the petitioner on bail in
connection with Barachatty P.S. Case No. 227 of 2025 pending in
the Court of learned Exclusive Special Judge POCSO-cum-Addl.
Sessions Judge-VII, Gaya Ji.
7. Prayer is refused.
Ibrar//- (Rajesh Kumar Verma, J)
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