Patna High Court
Manoj Kumar Gupta @ Manoj Kr. GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court held that bail could not be granted in view of the serious nature of the offences and the victim's statement under section 183 of the BNYS.
Summary
The petitioner, a teacher, was charged under sections 64, 62 and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and section 8 of the POCSO Act for allegedly exploiting a minor student by making objectionable videos and threatening to circulate them. The prosecution relied on the victim's statement recorded under section 183 of the BNYS, which alleged that the petitioner had coaxed and molested the girl. The petitioner contended that the allegations were false, that he had no prior criminal record, and that there was no eyewitness evidence. The State opposed bail, emphasizing the seriousness of the offences and the victim's recorded statement. After hearing both sides, the Court considered the FIR, investigation material and the victim's statement and concluded that the gravity of the charges warranted continued custody. Consequently, the application for regular bail was rejected.
Issues considered
- Whether regular bail should be granted to the accused teacher in a case involving alleged sexual exploitation of a minor under the BNYS and POCSO statutes.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 62, 64
- Protection of Children from Sexual Offences Act, 2012 — s. 8
Subjects
- regular bail
- sexual exploitation
- child protection
- BNYS
- POCSO
- teacher-student relationship
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91926 of 2025
Arising Out of PS. Case No.-146 Year-2025 Thana- MAGADH MEDICAL COLLEGE
District- Gaya
======================================================
Manoj Kumar Gupta @ Manoj Kr. Gupta Son of Lillo Sah @ Lilo Sah @ Lilo
Gupta R/o Village - Gangopur, Police Station - Gidhaur, District - Chatra,
State - Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Wife of YYY R/o 72/1, G.V.C. O.T.A., Police Station - Magadh
Medical, Dist. - Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
6 24-06-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Magadh Medical P.S.
Case no. 146 of 2025 registered under sections 64, 62 and
318(4) of the Bharatiya Nyaya Sanhita, 2023 and section 8 of
the POCSO Act.
3. As per the prosecution case, the informant states
that her daughter who is a student of class VII was being taught
by the petitioner herein. After some time, it is stated that the
petitioner gained her confidence and made objectionable videos
of her and started giving her threats of making the same viral.
Patna High Court CR. MISC. No.91926 of 2025(6) dt.24-06-2026
2/3
The informant further states that using the same and taking her
into confidence, she was sexually exploited by the petitioner
who happens to be her teacher.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No such occurrence
as alleged has taken place. The allegation that the informant’s
daughter was coaxed and later the petitioner attempted to molest her
for establishing physical relations are all false and concocted. The
petitioner happens to be a happily married man and the allegations
levelled by the informant are false and fabricated on the face of it.
There is no eyewitness to the occurrence and even the statement
recorded under section 183 of the BNSS does not fully support the
allegations. The petitioner who has no criminal antecedent is in
custody since 18.5.2025 and undertakes to cooperate in the trial.
5. The application for bail is opposed by learned APP
for the State who submits in reference to the statement made by
the victim under section 183 of the BNSS that the petitioner
used to insist to meet her and inspite of being a married person,
taking her into confidence that he really loved her, used to
molest her. Further allegations have been levelled by the 13 year
old victim against the petitioner of having sexually exploited
her.
Patna High Court CR. MISC. No.91926 of 2025(6) dt.24-06-2026
3/3
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation and specially the
contents of the statement of the victim recorded under section
183 of the BNSS, the Court is not inclined to enlarge the petitioner
on bail for the present and the application is rejected.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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