Manjeet Kumar @ Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16082 of 2025 Arising Out of PS. Case No.-245 Year-2023 Thana- BIKRAM District- Patna ====================================================== Manjeet Kumar @ Piyush Kumar S/O Jitendra Yadav @ Jitendra Kumar R/O village- Karkat Bigha, P.S.- Paliganj, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Jhanjharo Devi W/O Ram Ekbal Yadav R/O Vill.- Naghar Tola, P.S.- Bikram, Dist.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Jha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-07-2025

1. Heard the parties.

2. Petitioner seeks regular bail in connection with Spl (POCSO) Case No. 149 of 2023 arising out of Bikram P.S. Case No. 245 of 2023 dated 30.05.2023 registered under Section 354(B) of the I.P.C. and Section 8 / 12 of the POCSO Act.

3. As per the F.I.R. on 27.05.2023 in the night while the mother of the victim had gone to attend a 'tilak' ceremony, the petitioner forcibly took away the minor daughter of the informant while she was sleeping. The informant started searching her daughter and saw that her daughter was crying and returning back from the side of a tree and disclosed the description of the person who inappropriately touched her

Patna High Court CR. MISC. No.16082 of 2025(3) dt.11-07-2025 2/3 daughter and bite on her cheeks.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of description of the person disclosed by the minor daughter of the informant. The petitioner is in custody since 23.09.2024 but no T.I. parade was held. The victim girl was examined under Section 164 Cr.P.C. but she did not disclose the name of the petitioner. During course of trial the victim girl for the first time identified the petitioner and said that after the date of occurrence she identified the petitioner through his photograph in mobile phone shown to her by her brother. During trial the victim girl as well as informant have been examined. There is no likelihood that the petitioner will abscond or tamper with the evidence.

5. No one appears for the State as well as the opposite party no. 2.

6. Regard being had to the submissions made by the parties, taking into consideration the material on record, the fact that the victim as well as her mother (informant) have been examined during the trial, there is no likelihood that the petitioner will abscond or tamper with the evidence or intimidate the witnesses and the petitioner is in custody since 23.09.2024, as such, I am

Patna High Court CR. MISC. No.16082 of 2025(3) dt.11-07-2025 3/3 inclined to grant regular bail to the petitioner.

7. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000 /- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 7th cum Special Judge (POCSO) Patna in connection with Spl (POCSO) Case No. 149 / 2023 arising out of Bikram P.S. Case No. 245 / 2023. (Anil Kumar Sinha, J) praful/- U T