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Patna High Court

Manindra Pandey @ Majindra Pandey @ Majindra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with specified conditions.

Summary

Manindra Pandey sought anticipatory bail after being implicated in a case alleging forced entry into a house and attempted rape, with charges under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act. The petitioner claimed the allegations were false and stemmed from a long‑standing land dispute, asserting that certain charges were added later and that the victim’s statement did not support the prosecution’s version. The State and the informant opposed bail, emphasizing the seriousness of the alleged offences. The Court, after considering the submissions, granted anticipatory bail subject to a cash bond, sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order clarified that any observations made would not affect the trial, and the application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the serious nature of the alleged offences under the BNSS and POCSO Act.
  • Whether the allegations are false and motivated by a land dispute, warranting bail.

Legislation cited

Subjects

  • anticipatory bail
  • false accusation
  • land dispute
  • rape
  • POCSO
  • BNSS
  • Criminal Procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27390 of 2026
                     Arising Out of PS. Case No.-334 Year-2025 Thana- GORIAKOTHI District- Siwan
                 ======================================================
                 Manindra Pandey @ Majindra Pandey @ Majindra Kumar, S/o Hosila
                 Pandey, R/o Village- Sarari (Ward No. 11), P.S- Goreakothi, Distt.- Siwan.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    VG D/O Y R/O Village- Sarari (Ward No. 11), P.S- Goreakothi, Distt.-
                 Siwan.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Irshad Ahmad Khan, Advocate
                 For the Opposite Party/s :      Mr. Madhuri Lata, APP
                 For the Respondent              Ms. Ankita Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   17-06-2026                  Heard the learned counsel for the petitioner, the

                   learned counsel for the informant and the learned A.P.P. for the

                   State.

                                2. The petitioner is apprehending his arrest in

                   connection with Goreakothi P.S. Case No. 334 of 2025,

                   registered for the offence(s) under Section(s) 74, 76, 75(2), 62,

                   308(2), 352, 351(2), 331(2), 331(6) and 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023 (B.N.S.) and Sections 8 and 12 of the

                   POCSO Act.

                                3. As per the prosecution case, the allegation against

                   the petitioner is that he with the help of co-accused persons, had

                   entered into the house of informant/victim and forcibly tried to
Patna High Court CR. MISC. No.27390 of 2026(3) dt.17-06-2026
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          commit rape upon her. It is further alleged that when the

          informant raised hulla, the petitioner tried to break the door of

          the room of informant’s mother and thereafter, fled away.

                       4. The learned counsel for the petitioner submits that

          the petitioner has falsely been implicated in the present case on

          account of long standing land dispute between the parties. It has

          further been submitted that Sections 331(2) and 331(6) of the

          Bharatiya Nyaya Sanhita as well as Sections 8 and 12 of the

          POCSO Act were added later in this case. It has next been

          submitted that the story propounded is purely false and the said

          fact can be corroborated from the reading of the statement of

          victim who has not stated what has been submitted in the FIR.

          From perusal of statement of victim recorded under Section 183

          of BNSS, it would appear that there is no allegation of pointing

          pistol upon the chest of the victim and as to the fact that the

          petitioner had tried to commit rape upon her. In fact, from

          perusal of said statement, it would be evident that the victim has

          gone to state that the father of the petitioner was demanding Rs.

          20 lakhs. It has thus been submitted by the learned counsel for

          the petitioner that only on account of long standing land dispute,

          out and out, this false case has been registered against the

          petitioner who carries clean antecedent.
Patna High Court CR. MISC. No.27390 of 2026(3) dt.17-06-2026
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                       5. The learned A.P.P. for the State as well as the

          learned counsel for the informant have vehemently opposed the

          prayer for grant of anticipatory bail to the petitioner and stated

          that there is specific allegation against the petitioner to have

          forcibly entered into the house of informant and tried to commit

          rape upon her.

                       6. Considering the aforesaid facts and circumstances

          of the case and the submissions advanced on behalf of the

          parties, let the petitioner, above-named, be released on

          anticipatory bail, in the event of his arrest or surrender before

          the concerned Court/successor Court within a period of four

          weeks from today, on his furnishing bail bonds in the sum of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount       each      to     the     satisfaction   of   the   concerned

          Court/successor Court where the case is pending in connection

          with Goreakothi P.S. Case No. 334 of 2025, subject to the

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

          Criminal Procedure, 1973 read with corresponding Section

          482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023

          (B.N.S.S.) as well as subject to the following conditions :

                                 (i)    One of the bailors of the petitioner shall be
                            his/her close relative and the other shall be a local
                            resident.
                                 (ii) The petitioner shall remain physically present
           Patna High Court CR. MISC. No.27390 of 2026(3) dt.17-06-2026
                                                       4/4




                                       before the concerned Court on each and every date of the
                                       trial and shall cooperate in the investigation.
                                            (iii) In case of absence for two consecutive occasions
                                       or in violation of the terms of the bail, the bail bonds of
                                       the petitioner will be liable to be cancelled by the
                                       concerned Court.


                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
deepak/-

U      T


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