Patna High CourtCR. MISC./29623/2026rejected

Mantosh Kumar v. The State Of Bihar

2026-05-04Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29623 of 2026 Arising Out of PS. Case No.-55 Year-2025 Thana- SIRARI District- Sheikhpura ====================================================== Mantosh Kumar S/O Shyam Kishor Prasad @ Sham Kishor Ray @ Shyam Kishore Roy R/O Village- Sikandra, Police Station- Barh, District- Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

Babita Devi W/O Ashok Yadav R/O Village- Dariyapur, Police StationSirari, District- Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-05-2026 Heard Mr. Raj Krishna Jha, learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 12.12.2025, in connection with POCSO Case No. 17 of 2026 arising out of Sirari P.S. Case No. 55 of 2025, F.I.R. dated 19.06.2025 registered for the offences punishable under Sections 87 of the B.N.S., 2023 and later on Chargesheet has been submitted under Sections 137(2), 140(3) of the B.N.S. and Section 08 of the POCSO Act.

3. Allegation against the petitioner is that he has kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.29623 of 2026(2) dt.04-05-2026 2/2 petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

5. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that the date of birth of the victim is 16.10.2008 which suggests that at the time of occurrence the victim was minor and a number of witnesses have supported the case of the prosecution.

6. Considering the nature of allegation supported by the witnesses during investigation, I am not inclined to enlarge the petitioner on bail in connection with POCSO Case No. 17 of 2026 arising out of Sirari P.S. Case No. 55 of 2025 pending in the Court of learned District & Additional Sessions Judge-cum-Exclusive Special Judge POCSO, Sheikhpura.

7. Prayer is refused.

Ibrar//- (Rajesh Kumar Verma, J) U T