Patna High Court
Manoj KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Manoj Kumar, sought bail in a case (PS No.375 of 2019) involving alleged offences under IPC sections 376, 420, 406, 506, 34 and POCSO Act sections 4 and 6, relating to alleged sexual assault of a minor and financial fraud. He claimed innocence, highlighted a five‑month delay in filing the FIR, asserted that the parties had amicably compromised, and pointed out his clean criminal record. The State opposed bail, emphasizing the seriousness of the charges. The court noted that the police investigation had not substantiated the allegations and, invoking its inherent powers under Section 482(2) of the BNSS, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to strict conditions including regular court appearances and non‑interference with witnesses. The bail order was pronounced by Justice Ajit Kumar.
Issues considered
- Whether bail should be granted in a case involving serious offences under IPC and POCSO Act.
- Whether the delay in lodging the FIR affects the merit of the bail application.
- Whether the alleged compromise between parties negates the necessity of continued detention.
- Whether the police investigation’s lack of corroboration justifies bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
- Indian Penal Code — s. 34, 376, 406, 420, 506
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- sexual assault
- POCSO
- IPC
- delay in FIR
- compromise
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83284 of 2025
Arising Out of PS. Case No.-375 Year-2019 Thana- DHAKA District- East Champaran
======================================================
Manoj Kumar S/O Jawahar Sah R/O Ward 13 Gram Parei, P.S.- Dhaka, Dist.-
East Champaran
... ... Petitioner/s
Versus
1. The State Of Bihar Patna
2. XXX W/O Y R/O Sheetal Patti, Gandhi Chowk, P.S.- Dhaka, Dist.- East
Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
Mrs. Sakshi Bhatnagar, Advocate
For the Opposite Party/s : Mrs. Rina Sinha, APP
Mr. Sunil Kumar Yadav, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Dhaka P.S. Case No.375 of 2019 dated
04.10.2019 registered for the offence punishable under Sections
376, 420, 406, 506, 34 of the Indian Penal Code and Section 4
and 6 of the POCSO Act.
3. As per the FIR, the informant has alleged that
her 14-year-old daughter was victimized by the petitioner and
another co-accused. It is further alleged that the accused persons
had taken a sum of Rs. 4,00,000/- from the informant on the
pretext of starting a business but failed to commence the same.
Patna High Court CR. MISC. No.83284 of 2025(3) dt.11-02-2026
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The prosecution case further states that in May, 2019, while the
informant was away from her residence, the accused persons
allegedly threatened and sexually assaulted her daughter and
recorded the incident. Upon being questioned by the informant,
the accused persons allegedly threatened to make the video viral
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that the alleged occurrence
is said to have taken place in May, 2019, whereas the FIR was
lodged on 04.10.2019, and no plausible explanation has been
furnished for the inordinate delay in lodging the FIR. It is the
case of the petitioner that the police submitted a final form in his
favour; however, differing from the same, the learned court
below has taken cognizance against the petitioner. It is further
submitted that the parties have amicably compromised the
matter. Lastly, it is submitted that the petitioner has no criminal
antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Learned counsel for the informant, who has
appeared suo motu, is not in a position to controvert the
submissions advanced on behalf of the petitioner.
Patna High Court CR. MISC. No.83284 of 2025(3) dt.11-02-2026
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7. Taking into account the fact that, upon
investigation, the police have not found the allegations to be
true, let the above-named petitioner be released on bail, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned 6 th District &
Additional Sessions Judge-cum-Exclusive Special Judge,
POCSO Act, East Champaran at Motihari/Successor Court in
connection with Dhaka P.S. Case No.375 of 2019, subject to the
conditions as laid down under Section 482(2) of the BNSS as
well as the following conditions:
(i) One of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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