Patna High Court
Md. TunnaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- BNS — s. 3(5), 351(2), 64
- Protection of Children from Sexual Offences Act — s. 4, 6
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
Checking your session…