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Patna High CourtCR. MISC./33027/2025bail granted

Mangra @ Raushan Kumar v. The State Of Bihar

2025-09-12Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33027 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== Mangra @ Raushan Kumar S/O Manikchand R/O Village- Pokharpur, PSPawapuri, Dist.- Nalanda ... ... Petitioner

Versus

1.

The State of Bihar Patna 2.

Dilip Kumar Mandal, ASI of Pawapuri(O.P.), P.s.- Pawapuri Dist.- Nalanda, Bihar.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the Opposite Party/s :

Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-09-2025 Heard the parties.

2. The petitioner seeks bail in connection with Giriyak P.S. Case No. 33 of 2025 registered for the offence under Sections 143(1), 76, 3(5) of the B.N.S, under Section 8 of the POCSO Act and under Section 75, 79 of the Juvenile Justice Act.

3. The petitioner is named in the F.I.R. and is in custody since 24.03.2025.

4. The allegation as per FIR is that several girls major and minor were found with the petitioner and other co-accused persons where suspicion was raised by the informant who is Sub- Inspector of Police for their trafficking or to push them

Patna High Court CR. MISC. No.33027 of 2025(3) dt.12-09-2025 2/3 into illegal activities of immoral trades.

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner is falsely implicated in present case. It is pointed that the informant is police official and therefore notice issued by this court deemed served validly as same was received by learned APP. It is submitted that out of six alleged victim only one was found minor who was aged about 16 years and none of the victims while recording their statement under Section 183 of the B.N.S.S said that they were abused sexually or kidnapped for any immoral activities. It is submitted that the victim girls through her statement categorically stated that they were preparing for stage performance on the occasion of Saraswati Puja.

Learned counsel also pointed out that the similarly situated co-accused persons namely Satya Kumar @ Manish and Babita Kumari @ Babita Devi have already granted bail by the learned Co-ordinate Bench of this Court through Cr. Misc No. 31572 of 2025 dated 06.08.2025 and Cr. Misc. No. 37366 of 2025 dated 18.06.2025 respectively, and therefore, this petitioner is also entitled to get the benefit of bail on the ground of parity.

Patna High Court CR. MISC. No.33027 of 2025(3) dt.12-09-2025 3/3 completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP, opposed the prayer of bail.

7. In view of aforesaid facts and submission as mentioned above, as victim girls while recording their statement under Section 183 of the B.N.S.S prima facie negated allegation of any trafficking, sexual assault and kidnapping against this petitioner, coupled with the fact that the investigation is already completed, where petitioner remains in custody since 24.03.2025, accordingly petitioner above named, is directed to be released on bail in connection with Giriyak P.S. Case No. 33 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 learned A.D.J.-7th-cum- Special Judge, POCSO Act, Bihar Sharif, Nalanda subject to the conditions as mentioned under Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Siddharth Soni/- U T