Manish Kumar Pasi @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82258 of 2024 Arising Out of PS. Case No.-257 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Manish Kumar Pasi @ Manish Kumar Son of Sri Murari Pasi Village- Isari Police Station- Ramgarh District- Kaimur, Bhabhua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raju Kumar Son of Chhilu Ram Village- Ramgarh Police Station- Ramgarh District- Kaimur, Bhabhua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and the learned APP for the State. No one appears on behalf of the OP.No.2, despite issuance of notice.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 65(1),3(5) of BNSS and section 4 of the POCSO Act.

3. The prosecution case as narrated in the FIR is that the daughter of the informant did not come back from the school and it was informed that all the victim girls were seen together and on 27.07.2024, when Deepak Kumar informed the informant that all the victim girls were at house and upon inquiry his daughter has revealed the circumstances, in which

Patna High Court CR. MISC. No.82258 of 2024(7) dt.16-07-2025 2/3 the petitioner and others had forcibly taken these girls in a tempo by making the daughter of the informant unconscious and subsequently, the accused persons had committed rape with these girls.

4. Learned counsel for the petitioner submits that the petitioner is a student and he has falsely been implicated in this case. He relies on the statement of one of the victim girl Sarita Kumari, who stated in her statement under section 164 of the Cr.P.C that she along with two other girls were in a hotel and three boys were also present and when she went to one of the rooms, the petitioner came into her room and apprised her of the situation and also asked her to leave as she has been brought here for the purpose of selling. It has next been submitted that the petitioner has no criminal antecedent and he is no way involved in the present occurrence and his future would be jeopardized if he is sent behind the bars.

5. Learned APP for the State opposes the grant of anticipatory bail of the petitioner on the ground that the other two girls have also been examined under section 164 of the Cr.P.C, one being the daughter of the informant and the other girl, who are aged about 12 years and 15 years and they have both supported the case of prosecution that this petitioner was

Patna High Court CR. MISC. No.82258 of 2024(7) dt.16-07-2025 3/3 also one of the persons, who had forcibly taken her on tempo where they committed wrong with these girls in separate rooms.

6. Considering all the above mentioned facts and circumstances and also the statements of the daughter of the informant and other victim girls, I am not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail in connection with Ramgarh P.S.Case No. 257 of 2024, pending in the court of learned Special Judge POCSO-cum- A.D.J VI, Kaimur at Bhabua. stands rejected.

(Soni Shrivastava, J) N.K/- U T