Santosh Manjhi @ Santosh Kumar Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47981 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- BARAULI District- Gopalganj ====================================================== Santosh Manjhi @ Santosh Kumar Manjhi S/o Dinanath Manjhi Resident of village- Batardeh, PS- Barouli, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dharmveer For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-11-2025 Heard the parties.
2. The petitioner seeks bail in connection with Barouli P.S. Case No. 86 of 2025 registered for the offences under Section 64 of the Bharatiya Nyaya Sanhita.
3. The petitioner is named in the F.I.R. and is in custody since 24.03.2025.
4. The allegation against the petitioner is to commit rape upon informant, who is a married lady and was pregnant at the time of the occurrence on false pretext of marriage.
5. Learned counsel appearing on behalf of the petitioner submitted that there are material contradictions qua occurrence as alleged through FIR which was lodged on same very day qua statement recorded under Section 183 of the BNSS. It is
Patna High Court CR. MISC. No.47981 of 2025(5) dt.25-11-2025 2/3 submitted that though semen was found from the panty of the victim, but any genetic connection that same was of petitioner, no adverse interference can be drawn in support of the allegation. It is submitted that despite custody for about 8 months, chargesheet was submitted on 21.05.2025. While concluding the argument it is submitted that, petitioner is a man of clean antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.
6. Learned APP duly assisted by learned counsel for the informant, while opposing the prayer for bail submitted that allegation is specifically available against this petitioner as to commit rape upon victim.
7. In view of aforesaid factual submission and by taking note of fact as despite custody for about 8 months and passing four months over submission of charge-sheet, coupled with the fact as trial is not likely to conclude in the near future, where petitioner remains in custody since 24.03.2025, accordingly above named petitioner, is directed to be released on bail in connection with Barouli P.S. Case No. 86 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 J.M. 1st Class,
Patna High Court CR. MISC. No.47981 of 2025(5) dt.25-11-2025 3/3 Gopalganj/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T