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Patna High Court

Pintu Manjhi @ Pintu BhuiyanversusThe State of Bihar

Decided
Disposal
REJECTED

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

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)

U          T


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