Patna High Court
Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions and the possibility of cancellation for non‑cooperation.
Summary
The petitioner, Mithilesh Kumar, was implicated in a case alleging attempted rape and other offences under the B.N.S.S. and the POCSO Act, based on an FIR lodged 25 days after the alleged incident. He contended that the informant’s allegations were false, he has a clean record, and the delay in filing the FIR undermines the prosecution’s case. The State opposed his request for anticipatory bail, arguing the seriousness of the charges. The Court, after considering the submissions, granted anticipatory bail subject to the petitioner surrendering within six weeks, furnishing bail bonds of Rs.25,000 with two sureties, and complying with conditions under Sections 438(2) of the Cr.P.C. and 482(2) of the B.N.S.S. The order also stipulated that the bail could be cancelled if the petitioner failed to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged rape and multiple serious offences under the B.N.S.S. and POCSO Act.
- Whether the delay of 25 days in filing the FIR warrants granting bail.
- Whether the petitioner’s clean antecedent and claim of false implication justify bail.
Legislation cited
- B.N.S.S. — s. 115(2), 126(2), 3(5), 351(2), 352, 76
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- anticipatory bail
- false implication
- delay in FIR
- sexual offences
- POCSO Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2516 of 2026
Arising Out of PS. Case No.-265 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Mithilesh Kumar S/O Rajendra Mandal @ Chichay Mandal R/O Vina Tola,
Andauli, Ward No. 9, P.S. and Dist.- Supaul
... ... Petitioner/s
Versus
1. The State of Bihar
2. Runaki Devi W/O Radheshyam Mandal R/O Vina Tola, Andauli, Ward No.
8, P.S. and Dist.- Supaul
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate
For the Opposite Party/s : Ms. Renuka Ratnakar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 76, 352, 351(2) and 3(5) of the BNS as well as Sections
8 and 12 of the POCSO Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that her daughter on 03.05.2025, at 07:00 p.m., had gone
to attend the call of nature when she was intercepted by the
petitioner and Nitish on point of knife and pistol and they took
her to the cattle shed of Ram Kishore and Nitish unveiled her
with an intention to commit rape. On alarm, villagers gathered
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when accused fled away. Further, the victim came to the house
of Dev Narayan who gave clothes to the victim seeing her
unveiled.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that the date of occurrence is
03.05.2025 and the FIR came to be instituted on 28.05.2025,
i.e., after a delay of more than twenty-five days which casts an
aspersion on the case of the prosecution. It is next submitted that
Nitish Kumar had approached this Court seeking anticipatory
bail by filing Cr. Misc. No. 80554 of 2025 and the same came to
be allowed by an order dated 11.12.2025. It is also submitted
that if the privilege of anticipatory bail is granted to the
petitioner, the petitioner will not abscond rather will cooperate
in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.25,000/- (Rupees Twenty-five Thousand) with two
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sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending/Successor Court in
connection with Supaul P.S. Case No. 265 of 2025, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. One of the bailors of the petitioner shall be his
father, namely, Rajendra Mandal @ Chichay Mandal.
8. However, it is made clear that if the Investigating
Officer of the case files an application before the learned Trial
Court bringing to its notice that the petitioner, despite giving
assurance to this Court, is not cooperating in the investigation,
the learned Trial Court shall be at liberty to cancel the bail
bonds of the petitioner.
(Satyavrat Verma, J)
Kundan/-
U T
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