Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.173 of 2026 Arising Out of PS. Case No.-105 Year-2018 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Manish Kumar S/o- Manoj Rai @ Manoj Roy R/v- Jalalpur Ps- Shahpur Patori Dist- Samastipur ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Ram Pravesh Pasawan S/o- Late Puran R/v- Jalalpur Ps- Shahpur Patori Dist- Samastipur ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Ajay Kumar For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-06-2026
1. Heard learned counsel for the appellant, learned Special P.P. for the State, Mr. Binay Krishna and the learned counsel appearing on behalf of the informant.
2. Learned counsel for the appellant submits that there is delay of 7 days in filing the appeal, for which, I.A. No.01 of 2026 has been filed.
3. In view of the grounds taken in the I.A. application, I.A. No.01 of 2026 is hereby allowed.
4. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide
Patna High Court CR. APP (SJ) No.173 of 2026(3) dt.17-06-2026 2/3 order dated 23.09.2025 in A.B.P. No. 2046/2025 passed by the learned Additional Sessions Judge-VI-cum-Special Judge POCSO Act, Samastipur in connection with Shahpur Patori P.S. Case No. 105/2018, registered for the offences punishable under Sections 366(A) and 34 of the Indian Penal Code as well as Sections 3(1)(R) and 3(1)(s) of the SC/ST Act.
5. Learned counsel for the appellant submits that appellant is a person with clean antecedent and the informant alleges that his minor daughter aged about 15 years was kidnapped by the appellant along with named accused persons on 12.04.2018, when the victim had gone out of the house to attend nature's call.
6. Learned counsel for the appellant submits that appellant has been falsely implicated in the instant case by the informant. It is further submitted that the victim is not minor rather has reached the age of discretion and they eloped and they got married and out of the wedlock, a child was born and the victim presently is staying with the appellant.
7. Learned counsel appearing on behalf of the informant does not oppose the said submissions of the learned counsel appearing on behalf of the appellant.
8. After hearing the learned counsel for the parties, the
Patna High Court CR. APP (SJ) No.173 of 2026(3) dt.17-06-2026 3/3 order impugned is set aside. Let the appellant, above named, in the event of her arrest or surrender within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 482(2) of the BNSS.
9. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Satyavrat Verma, J) amit/- U T