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Patna High Court

Badal KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                                          3/3




                        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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