Manu Kumar @ Mannu Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

Manu Kumar @ Mannu Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioner on bail in connection with Cyber P.S. Saharsa Case No. 54 of 2024 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (POCSO Act), Saharsa/concerned court, subject to conditions under Section 437(3) Cr.P.C/Section 480(3) BNSS and further conditions: undertaking not to stay within Saharsa district except on dates fixed in the case, and SHO Patarghat Police Station to move for bail cancellation upon violation.

Issue for consideration

Whether the petitioner, named in the F.I.R. of Cyber P.S. Saharsa Case No. 54 of 2024 (registered under Sections 75, 79, 108, 62 and 49 of the BNS, Sections 8 and 12 of the POCSO Act and Sections 66, 66E and 67 of the IT Act) and in custody since 30.09.2024, should be released on bail.

Court's answer

Taking note that the victim could not be examined till date, that the petitioner has been in custody for more than one year (since 30.09.2024), and that investigation of the case is already completed, the Court directed that the petitioner be released on bail in connection with Cyber P.S. Saharsa Case No. 54 of 2024.

Ratio / Principle

The release is on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge (POCSO Act), Saharsa/concerned court, subject to the conditions under Section 437(3) of the Cr.P.C/Section 480(3) of BNSS.

Key takeaways

Further bail condition: the petitioner shall give an undertaking before the Court below that he will not stay within the jurisdiction of Saharsa District and will visit District Saharsa only on the dates fixed in the case.ratio¶28
Further bail condition: in case the petitioner violates the terms of bail, the SHO of Patarghat Police Station will move before the Court for cancellation of the petitioner's bail.ratio¶29

Detailed headnote1 paragraphs

BAIL GRANTED — Patna High Court (Chandra Shekhar Jha, J.), oral order dated 14-11-2025 in Criminal Miscellaneous No.52044 of 2025 arising out of Cyber P.S. Case No. 54 of 2024, District Saharsa. Manu Kumar @ Mannu Kumar, named in the F.I.R. and in custody since 30.09.2024, sought bail in a case registered under Sections 75, 79, 108, 62 and 49 of the BNS, Sections 8 and 12 of the POCSO Act and Sections 66, 66E and 67 of the IT Act; the prosecution case is that the petitioner and co-accused uploaded a video of three girls with a vulgar Bhojpuri song, after which all three girls attempted suicide by consuming poison. Directing release, the Court took note that the victim could not be examined till date (Sections 35(1)/35(2) POCSO Act timelines flagged by counsel), that the petitioner had been in custody for over one year, that investigation was complete with charge-sheet submitted, that a similarly situated co-accused (Indal Kumar) had already been granted bail in Cr. Misc. No. 13002 of 2025 dated 13.05.2025, and that the informant failed to join despite notice. Bail ordered on a bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each before the learned Exclusive Special Judge (POCSO Act), Saharsa/concerned court, subject to Section 437(3) Cr.P.C/Section 480(3) BNSS conditions, with further conditions — undertaking not to stay within Saharsa district except on fixed hearing dates, and SHO, Patarghat Police Station to move for cancellation of bail upon violation.