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Patna High Court

Md. TunnaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail application, directing the petitioner’s release on bond.

Summary

The petitioner, Md. Tunna, was arrested in connection with a rape case (Maniyari P.S. Case No. 102 of 2025) under sections 351(2), 3(5), 64 of the BNS and sections 4 and 6 of the POCSO Act. He had been in custody since 9 April 2025 and filed a bail application claiming innocence, alleging that the FIR was lodged 41 days after the alleged incident, that the parties were agnates involved in a land dispute, and that the medical report did not support the prosecution. The prosecution opposed the bail. The court examined the delay in filing the FIR and the medical report, and concluded that these factors warranted the grant of bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount. The bail order was made subject to the satisfaction of the concerned court where the case is pending.

Issues considered

  • Whether the delay of 41 days in lodging the FIR justifies the grant of bail in a rape case under the BNS and POCSO Act.
  • Whether the medical report’s lack of corroboration with the prosecution’s case is a ground for bail.
  • Whether the agnate relationship and underlying land dispute between the parties affect the bail decision.

Legislation cited

Subjects

  • bail
  • rape
  • POCSO
  • FIR delay
  • medical report
  • land dispute
  • agnates

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1145 of 2026
                    Arising Out of PS. Case No.-102 Year-2025 Thana- MANIYARI District- Muzaffarpur
                 ======================================================
                 Md. Tunna S/o Md. Kayum @ Md. Qayyum R/o Village - Chainpur, P.S -
                 Maniyari, District - Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    X W/o Y R/o Village - Chainpur, P.S - Maniyari, District - Muzaffarpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ratneshwar Prasad
                 For the Opposite Party/s :       Mr.Shailendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   24-03-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Maniyari P.S. Case No. 102 of 2025 registered for the offence

                   under Section 351(2), 3(5), 64 of the BNS and under Section 4/6

                   of the POCSO Act.

                                   3. As per the prosecution case, the petitioner is

                   accused of committed rape with the victim.

                                   4.    The petitioner is in custody since 9.4.2025.

                   Learned counsel for the petitioner submits that the petitioner is

                   innocent and he has falsely been implicated in this case. He

                   further submits that the FIR has been lodged after a delay of 41

                   days and the same has not been explained. He next submits that
          Patna High Court CR. MISC. No.1145 of 2026(3) dt.24-03-2026
                                                      2/2




                    the prosecution and the accused side are agnates and there is

                    land dispute between the parties. He also submits that the

                    medical report does not support the prosecution case.

                                    5. Learned counsel              for   the   informant   has

                    vehemently opposed the prayer of the petitioner.

                                    6. Considering medical report and the delay in

                    lodging the FIR, this application is allowed.

                                    7. Let the petitioner, above named, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned Concerned Court where the case is pending in

                    connection with Maniyari P.S. Case No. 102 of 2025 / POCSO

                    G.R. No. 160 of 2025.



                                                                 (Sandeep Kumar, J)
Vikas/-

U


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