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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25408 of 2024

Arising Out of PS. Case No.-593 Year-2022 Thana- TEKARI District- Gaya

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Sandip Manjhi @ Sardip Manjhi, S/o Sukend Ram @ Sakendar Manjhi,

Resident of village-Bishunganj Shahbazpur, P.S.-Tekari Panchanpur Dist-

Gaya.

... ... Petitioner

Versus

1. The State of Bihar

2. XXX, D/o Jawahar Das, Son of Talkeshwar Das, Resident of Village

-Vishnuganj P.S.- Tekari Panchanpur (O.P.), Gaya

... ... Opposite Parties

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Appearance :

For the Petitioner : Arya Achint, Advocate

Ms. Riya Rai, Advocate

Mr. Amarshakti, Advocate

For the State : Mr. Pradeep Narain Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

ORAL ORDER

9 28-01-2026 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and

apprehending his arrest in connection with Tekari Panchanpur

P.S. Case No.593 of 2022 registered under Sections 366-A

read with 34 of the Indian Penal Code as well as Section 8 of the

Protection of Children from Sexual Offences Act, 2012.

3. Allegation against petitioner is to kidnap the minor

daughter of informant aged about 16 years along with other co-

Patna High Court CR. MISC. No.25408 of 2024(9) dt.28-01-2026

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accused persons for the purpose of illicit intercourse/marriage

with another person.

4. It is submitted by learned counsel appearing for

petitioner that the thrust of allegation is available against co-

accused Dipul Kumar and this petitioner has been implicated

with present case only for the reason that he is the friend of

main co-accused Dipul Kumar with whom the victim daughter of

informant out of her own sweet will solemnized her marriage. In

support of this submission, learned counsel has referred

Annexure-P/2 series of the present bail petition showing

photographs of Dipul Kumar solemnizing marriage with

daughter of the informant.

5. Further, taking shelter of statement of victim

recorded under Section 164 of the Code of Criminal Procedure,

it is submitted that the allegation of sexual assault is specifically

available against Dipul Kumar with whom the daughter of

informant has solemnized her marriage and living happily.

6. Learned APP opposed the prayer of bail.

7. Despite of service of notice, as same was received

by the mother of victim, none turned up to join the present

proceeding.

Patna High Court CR. MISC. No.25408 of 2024(9) dt.28-01-2026

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8. In view of aforesaid factual submissions and by

taking note of fact as the allegation qua sexual assault is

specifically available against co-accused Dipul Kumar with whom

the victim daughter of informant has solemnized marriage out of

her own sweet will, coupled with the fact that the implication of

this petitioner prima facie appears being one of the friends of

main co-accused Dipul Kumar, accordingly, the petitioner,

above-named, in the event of his arrest or surrender in the court

below within a period of four weeks from today, is directed to be

released on bail on furnishing bail bond of Rs.10,000/- (Rupees

Ten Thousand) with two sureties of the like amount each to the

satisfaction of the learned Special Judge POCSO, Gaya in

connection with Tekari Panchanpur P.S. Case No.593 of 2022,

subject to the conditions as laid down under Section 438(2) of

the Code of Criminal Procedure (in short ‘CrPC’)/under Section

482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short

‘BNSS’).

(Chandra Shekhar Jha, J.)

Sanjeet/-

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