Patna High Court
Badal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted bail to the petitioner subject to a bond of Rs.20,000, two sureties, and conditions ensuring his cooperation and presence at trial.
Summary
The petitioner, Badal Kumar, was charged with rape under the POCSO Act arising from a complaint lodged in Kursela police station, Katihar. He had been in custody since 21 December 2024 and earlier bail was denied on 6 August 2025 after the victim's statement and medical report suggested rape. The petitioner sought a fresh bail application, arguing that the victim’s statement recorded on 17 December 2025 was contradictory, only two of eight witnesses had been examined, and the trial was unlikely to conclude soon. The State contended that the seriousness of the rape allegation precluded bail. The Court, noting the recorded victim statement, the limited witness examination, the prolonged incarceration, and the liberty previously granted to renew bail, ordered that the petitioner be released on bail with a Rs.20,000 bond, two sureties, and strict conditions to ensure his presence at trial and prevent tampering with evidence.
Issues considered
- Whether bail should be granted to an accused in a POCSO rape case when the victim's statement is recorded but contradictory, and only limited witnesses have been examined.
- Whether the length of pre‑trial detention and the likelihood of a speedy trial justify bail.
Subjects
- bail
- rape
- POCSO Act
- pre‑trial detention
- witness examination
- trial delay
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2924 of 2026
Arising Out of PS. Case No.-230 Year-2024 Thana- KURSAILA District- Katihar
======================================================
Badal Kumar son of Pramod Mandal, Resident of village- Nawabganj, Purab
Tola, PS- Kursela, Distt- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mahendra Mandal son of Late Ram Mandal Resident Of Village- Sukhpur,
Purab Tola, Ward no. 15, Ps- Kursela, Dist- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 16-01-2026 Heard the parties.
2. This is the second attempt made on behalf of the
petitioner, as earlier the prayer for bail of the petitioner was
turned down by this Court vide order dated 06.08.2025 passed
in Cr. Misc. No.31495 of 2025, taking into account the
statement of the victim as well as the medical report, which
prima facie suggests that she was subjected to rape.
3. Learned Advocate for the petitioner submitted that
while negating the prayer for bail of the petitioner, a liberty was
extended to renew his prayer for bail after recording the
evidence of the victim in trial. It is categorically submitted that
now the statement of the victim has already been recorded on
Patna High Court CR. MISC. No.2924 of 2026(2) dt.16-01-2026
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17.12.2025, however, she has made contradictory statement. It
is further contended that be that as it may, now the petitioner has
been incarcerated since 21.12.2024, and till date out of eight
witnesses only two of them have been examined; hence, there is
no likelihood of the conclusion of trial in near future.
4. On the other hand, learned Advocate for the State
submitted that serious allegation has been levelled against the
petitioner of committing rape upon the victim and, as such, the
petitioner does not deserve the privilege of bail.
5. Having considered the submissions set forth by the
learned Advocate for the respective parties and taking note of
the fact that now the statement of the victim has already been
recorded and till date, out of eight witnesses only two of them
have been examined and there is no likelihood of the conclusion
of trial and he has been incarcerated since 21.12.2024, besides the
petitioner bears fair antecedent as also the liberty given to him to
renew his prayer for bail after examination of the victim, let the
petitioner, named above, be released on bail on furnishing bail bonds
of Rs.20,000/- (Twenty thousand) with two sureties of the like amount
each to the satisfaction of learned District Additional Sessions Judge-
VI-cum-Special Judge, POCSO, Katihar in connection with G.R.
No.6427 of 2024 arising out of Kursela P.S. Case No. 230 of
Patna High Court CR. MISC. No.2924 of 2026(2) dt.16-01-2026
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2024, subject to the condition that one of the bailors will be the
close relatives of the petitioner with further following
conditions:-
(i) The petitioner will cooperate in conclusion of
the trial.
(ii) He will remain present on each and every date
of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or
intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates
without any cogent reason, his bail bonds will liable to be
cancelled.
(Harish Kumar, J)
rohit/-
U T
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