Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Manish Kumar, a 19‑year‑old, was implicated in a case alleging that he, along with others, misbehaved with a minor, showed an obscene video and attempted to forcibly take the girl away. The prosecution’s case relied on sections of the BNSS, 2023 and the POCSO Act, but the victim’s statement recorded under Section 183 of the BNSS did not name the petitioner. The petitioner argued he had no criminal antecedents and was not specifically identified. The informant opposed anticipatory bail, asserting the petitioner participated in the alleged abduction. Considering the lack of direct identification and the nature of the allegations, the court granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the BNSS, subject to conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of sexual misconduct and attempted abduction of a minor
- Whether the absence of the petitioner's name in the victim's statement under Section 183 of the BNSS warrants bail
Legislation cited
- BNSS, 2023 — s. 115(2), 126(2), 183, 3(5), 351(2)(3), 352, 482(2), 74, 76
- Code of Criminal Procedure — s. 438(2)
- POCSO Act — s. 12, 4, 8
Subjects
- anticipatory bail
- POCSO Act
- BNSS 2023
- Section 438 CrPC
- Section 482 BNSS
- minor sexual offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91195 of 2025
Arising Out of PS. Case No.-306 Year-2025 Thana- MASHRAK District- Saran
======================================================
Manish Kumar S/O Ramekbal Rai @ Ekbal Rai R/O Village- Bangra, Ward
No. 02, P.O- Dumarsan Bangra, P.S- Mashrakh, Distt.- Saran at Chapra,
Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/O Madan Sah R/O Village- Bangara, P.S- Masrakh, Distt.- Saran at
Chapra, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Mohan Singh
For the Opposite Party/s : Mr. Ajay Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 02-04-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Mashrakh Police Station Case No. 306 of 2025,
disclosing offences under Sections 126(2), 115(2), 74, 76, 352,
351(2)(3), 3(5) of the BNS, 2023 and Sections 4, 8, 12 of the
POCSO Act.
3. As per the prosecution story, lodged on
09.07.2025 that on 07.07.2025, the teacher of daughter of the
informant called the informant on phone that someone was
misbehaving with his daughter and when the informant rushed
towards the school, he came to know that co-accused Shailesh
Patna High Court CR. MISC. No.91195 of 2025(3) dt.02-04-2026
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Kumar misbehaved with his daughter, showed her objectionable
video through mobile and tried to seduce her. On 09.07.2025, in
the morning, petitioner along with other accused persons arrived
at informant's village and tried to take his daughter away
forcibly. When the informant stopped them, he was assaulted.
4. Learned counsel for the petitioner submits that
petitioner is a young boy aged about nineteen years having no
criminal antecedent. The allegation of eve-teasing and/or
misbehaving is not against the petitioner and only general and
omnibus allegation has been alleged against him, that he along
with three to four other accused persons tried to take away
informant's daughter. The victim girl, in her statement recorded
under Section 183 of the BNSS, has not disclosed the name of
the petitioner, which would be evident from the impugned order.
5. On the other hand, learned counsel for the
informant vehemently opposes the prayer for anticipatory bail
and submits that the petitioner, on the instruction of co-accused
Shailesh Kumar, arrived at the house of the informant along
with three to four other accused persons and tried to forcibly lift
the minor daughter of the informant.
6. Having regard to the submissions made on
behalf of the parties and taking into consideration the nature of
Patna High Court CR. MISC. No.91195 of 2025(3) dt.02-04-2026
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the allegation against the petitioner and the statement of the
victim girl recorded under Section 183 of the BNSS in which
the name of the petitioner was not disclosed by her, I am
inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Additional
Sessions Judge, POCSO, Saran at Chapra, in connection with
Mashrakh Police Station Case No. 306 of 2025, subject to the
condition laid down under Section 438 (2) of the Code of
Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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