Mani Kumar @ Santo @ Mani Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65802 of 2025 Arising Out of PS. Case No.-218 Year-2025 Thana- NOORSARAI District- Nalanda ====================================================== Mani Kumar @ Santo @ Mani Paswan S/o Bocha Paswan R/o VillageEbrahimpur, P.S.- Nursarai, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nisha Devi W/o Manish Paswan R/o Village- Ebrahimpur, P.S.- Nursarai, Distt.- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP For the Informant :

Mr. Rana Baljit Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-11-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Nursarai P.S. Case No. 218 of 2025 instituted for the offences under Sections 127(2), 74, 76 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8/12 of the POCSO Act.

3. Accusation against the petitioner is that he attempted to outrage the modesty of informant's minor daughter.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. He further submitted that nothing unfair has been whispered against

Patna High Court CR. MISC. No.65802 of 2025(5) dt.24-11-2025 2/3 the petitioner in Section 183 BNSS statement of the victim who is aged about five years. Learned counsel further submitted that the petitioner is being dragged in the present case due to earlier dispute between the parties and the present case has been lodged only in order to harass the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.04.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nursarai P.S. Case No. 218 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.65802 of 2025(5) dt.24-11-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T