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Patna High Court

MANTUN SHARMAversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Mantun Sharma was arrested on 4 May 2025 in connection with a rape allegation under Section 70(1) of the BNS, 2023, based on an FIR dated 3 May 2025. He applied for bail, claiming a clean criminal record and that the allegation was fabricated, noting that the victim's medical report did not corroborate the claim. The prosecution opposed the bail. The court, after considering the lack of medical evidence and the petitioner's clean antecedent, ordered his release on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail bond was to be secured without delay for verification.

Issues considered

  • Whether bail should be granted to an accused in a rape case under Section 70(1) of the BNS, 2023 when the medical report does not support the allegation.
  • Whether the petitioner's clean antecedent and claim of false implication justify bail.

Legislation cited

Subjects

  • bail
  • rape
  • Section 70(1) BNS
  • medical report
  • clean antecedent
  • false allegation
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3977 of 2026
                    Arising Out of PS. Case No.-70 Year-2025 Thana- BISHANPUR District- Darbhanga
                 ======================================================
                 Mantun Sharma S/o- Ram Daresh Sharma R/v- Rupauli Ps-Bishanpur Dist-
                 Darbhanga

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kedar Jha, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-01-2026                    Heard Mr. Kedar Jha, learned counsel for the

                   petitioner and Mr. Sanjay Kumar Tiwary, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   04.05.2025 in connection with Bishanpur P.S. Case No. 70 of

                   2025, F.I.R. dated 03.05.2025 for the offences punishable under

                   Section 70(1) of the BNS, 2023.

                               3. According to prosecution case, this petitioner along

                   with other accused person committed rape upon the informant.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   F.I.R is false and fabricated and the petitioner has not committed

                   any offence as alleged in the F.I.R. Although the victim has
Patna High Court CR. MISC. No.3977 of 2026(2) dt.28-01-2026
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          supported the incident in her statement recorded under Section

          164 of the Cr.P.C/183 of the B.N.S.S but the medical report of

          the victim does not support the allegation as alleged in the F.I.R.

          He further submits that the police after investigation submitted

          the charge sheet against the petitioner. The petitioner is in

          custody since 04.05.2025.

                      5.    Learned       Additional          Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent and the medical report

          does not supports the allegation as alleged in the F.I.R, 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 J.M.-1st Class,

          Darbhanga in connection with Bishanpur P.S. Case No. 70 of

          2025, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the
            Patna High Court CR. MISC. No.3977 of 2026(2) dt.28-01-2026
                                                        3/3




                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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