Manish Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

Manish Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on bail in connection with POCSO Case no. 9 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-VI-cum-Special Court, POCSO, Jehanabad, subject to conditions of attendance and cooperation at trial, with liberty to the trial court to cancel the bail bond and take him into custody if the trial is delayed by his non-cooperation.

Issue for consideration

Whether the petitioner should be enlarged on regular bail in connection with POCSO Case no. 9 of 2025 (arising out of Parasbigha P.S. Case no. 172 of 2024), registered under sections 137(2), 96 and 64 of the Bharatiya Nyaya Sanhita, 2023 and sections 4 and 6 of the POCSO Act.

Ratio / Principle

Weighing the allegations in the FIR, the deposition of the informant's younger daughter/victim who was declared hostile in the trial court, and the petitioner's one year in custody since 17.1.2025, the Court found bail warranted.

Key takeaways

The petitioner was directed to be enlarged on bail in connection with POCSO Case no. 9 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-VI-cum-Special Court, POCSO, Jehanabad.ratio¶21
Condition (i): the petitioner shall remain physically present in Court on each date of the trial and shall cooperate in the trial.ratio¶24
Condition (ii): if the trial court is of the opinion that the trial is being delayed due to non-cooperation by the petitioner, it may cancel his bail bond and take him into custody.

Detailed headnote1 paragraphs

BAIL — regular bail — POCSO — Patna High Court (Partha Sarthy, J.), 21-01-2026, allowed Crl. Misc. No. 69255 of 2025 arising out of Parasbigha P.S. Case No. 172 of 2024, District Jehanabad, tried as POCSO Case No. 9 of 2025 under Sections 137(2), 96 and 64 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act. Petitioner, the informant's son-in-law alleged to have eloped with the informant's 17-year-old minor daughter, had been in custody since 17.1.2025 (about one year); the informant's younger daughter/victim was declared hostile at trial for not supporting the prosecution case. Petitioner enlarged on bail on a bond of Rs. 10,000/- with two sureties of the like amount each before the District & Additional Sessions Judge-VI-cum-Special Court, POCSO, Jehanabad, on conditions of physical presence and cooperation at each trial date, with power to the trial court to cancel the bail bond and take him into custody if the trial is delayed by his non-cooperation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69255 of 2025

Arising Out of PS. Case No.-172 Year-2024 Thana- PARASBIGHA District- Jehanabad

======================================================

Manish Kumar S/o Awadh Singh R/o Village - Bhinak Bigha, P.S - Sigori, District - Patna

... ... Petitioner/s

Versus

The State of Bihar

XXX R/o Village - Bhamwar Bigha, P.S - Parasbigha, District - Jehanabad

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the State : Mr. Narsingh Tanti, APP For the Informant : Mr. Kumar Navinam, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

3 21-01-2026

Heard learned counsel for the petitioner, learned APP

for the State and learned counsel for the informant.

The petitioner has preferred this application for grant of regular bail in connection with POCSO Case no. 9 of 2025 (arising out of Parasbigha P.S. Case no. 172 of 2024) registered under sections 137(2), 96 and 64 of the Bharatiya Nyaya Sanhita, 2023 and sections 4 and 6 of the POCSO Act.

As per the prosecution case, the informant states that the petitioner who happens to be his son-in-law eloped with his 17 year old minor daughter.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The younger

Patna High Court CR. MISC. No.69255 of 2025(3) dt.21-01-2026 2/3

daughter of the informant returned and has been examined in course of trial in the learned trial Court wherein on not supporting the prosecution case, she was declared hostile. The petitioner is in custody since 17.1.2025 and undertakes to cooperate in the trial.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that the petitioner is named in the FIR and there is direct allegation against him. Without obtaining divorce, he has married for the second time with the younger daughter of the informant and they are living together.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the contents of the deposition of the younger daughter of the informant/victim in course of trial in the learned trial Court wherein she was declared hostile together with the petitioner having remained in custody for one year since 17.1.2025, the Court directs the petitioner to be enlarged on bail in connection with POCSO Case no. 9 of 2025 (arising out of Parasbigha P.S. Case no. 172 of 2024) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions JudgeVI-cum-Special Court, POCSO, Jehanabad on the following

Patna High Court CR. MISC. No.69255 of 2025(3) dt.21-01-2026 3/3

conditions:

(i) The petitioner shall remain physically present in Court on each date of the trial and shall cooperate in the trial.

(ii) In case the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial Court may cancel the bail bond of the petitioner and take him into custody.

(Partha Sarthy, J)

sauravkrsinha/-

U T