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Patna High Court

Mankhush SinghversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

Mankhush Singh, the petitioner, was arrested on 26 June 2025 in connection with FIR No. 206/2025 alleging kidnapping of the informant's daughter. He sought bail, claiming a clean antecedent and false implication, while the State and the informant opposed, citing the victim's statement under Section 183 of the Bharatiya Nyay Sanhita and the progress of the trial with several witnesses examined. The petition was heard before Justice Rajesh Kumar Verma, who considered the seriousness of the offences under Sections 137(2), 96, 3(5) of the Bharatiya Nyay Sanhita, 2023 and Sections 8 and 12 of the POCSO Act. The court found no sufficient ground to grant bail in a POCSO special court matter and consequently refused the bail application. The trial court was directed to expedite the pending trial.

Issues considered

  • Whether bail should be granted to the accused in a POCSO case involving kidnapping of a minor.
  • Whether the allegations and evidence presented justify continued detention pending trial.

Legislation cited

Subjects

  • bail
  • POCSO
  • kidnapping
  • special court
  • Bharatiya Nyay Sanhita
  • criminal procedure

Judgment

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.85877 of 2025
                   Arising Out of PS. Case No.-206 Year-2025 Thana- SAUR BAZAR District- Saharsa
               ======================================================
               Mankhush Singh S/o Birbal Singh Resident of Village - Silet Ward No 9, P.S -
               Saur Bazar, District – Saharsa                          ... ... Petitioner/s
                                                Versus
          1.    The State of Bihar
          2.    xxxx S/o Chatthu Mukhiya R/o Village - Silet Ward No. 9, P.S - Saur Bazar,
                District - Saharsa
                                                                   ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :       Mr. Md Harun Quareshi, Advocate
               For the Opposite Party/s :       Mr. Binod Kumar, APP
               For the Informant        :       Mr. Aditya Raj, Advocate
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                     ORAL ORDER
3 25-03-2026                   Heard Md Harun Quareshi, learned counsel for the

               petitioner, Mr. Binod Kumar, learned A.P.P. for the State and Mr.

               Aditya Raj, learned counsel for the Informant.

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

               26.06.2025 in connection with Saur Bazar P.S. Case No. 206 of

               2025, FIR dated 24.06.2025 registered for the offence under

               Section 137(2), 96, 3(5) of the Bharatiya Nyay Sanhita, 2023 and

               Sections 8, 12 of POCSO Act.

                              3. Allegation against the petitioner is that on

               21.06.2025 at 3.00 A.M, he along with other accused persons

               kidnapped the daughter of the informant.

                              4. Learned counsel appearing for the petitioner

               submits that the petitioner has clean antecedent and he has falsely

               been implicated in this case. Infact the petitioner was in love with
            Patna High Court CR. MISC. No.85877 of 2025(3) dt.25-03-2026
                                                        2/2




                  the victim and informant has falsely implicated the petitioner in

                  the present case and the petitioner is rotting in judicial custody

                  since 26.06.2025.

                                   5. Learned counsel for the Informant as well as

                  learned A.P.P. for the State, on the other hand, have vehemently

                  opposed the prayer for bail of the petitioner and submits that

                  statement of the victim was recorded under Section 183 BNSS in

                  which she has fully supported the case of the prosecution and apart

                  from that trial has begun and out of six charge sheet witnesses,

                  four witnesses have been examined. It is further submitted that

                  victim has deposed before the trial court as PW-2 that the

                  petitioner along with other accused persons had kidnapped her.

                                   6. Considering the facts and circumstances of the

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

                  connection with Special Court POCSO, Saharsa pending in the

                  Court of Saur Bazar P.S. Case No. 206 of 2025.

                               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)
Suruchi/-

U      T


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