Patna High Court
Mankhush SinghversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 137(2), 3(5), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
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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