Patna High Court
Tuntun MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to petitioners 1, 3 and 4 subject to the conditions prescribed under Section 482 of the B.N.S., 2023.
Summary
The petitioners, who are the children of Tuntun Mandal, sought anticipatory bail fearing arrest in a case (PS 97/2025) that alleged offences under Sections 115(2), 126(2), 303(2), 351(2) of the B.N.S., 2023, Sections 3(i)(r), 3(i)(s), 3(i)(w) of the SC/ST Act and Section 8 of the POCSO Act. They contended that the only accused is their brother Muski Kumar and that the victim’s statement under Section 183 of the B.N.S. named only Muski Kumar, not the petitioners. The State opposed the bail. The Court, after considering the victim’s statement and the lack of any direct allegation against the petitioners, allowed anticipatory bail, directing them to furnish bail bonds of Rs 10,000 with two sureties each, subject to the conditions of Section 482 of the B.N.S., 2023. The bail application was disposed with the grant of anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to petitioners 1, 3 and 4 under Section 482 of the B.N.S., 2023 in view of the victim’s statement and lack of direct accusation.
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 183, 303(2), 351(2), 482
- POCSO Act — s. 8
- SC/ST Act — s. 3(i)(r), 3(i)(s), 3(i)(w)
Subjects
- anticipatory bail
- Section 482
- victim statement
- SC/ST Act
- POCSO Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45595 of 2025
Arising Out of PS. Case No.-97 Year-2025 Thana- CHAUSA District- Madhepura
======================================================
1. Tuntun Mandal S/o Late Bindeshwar Mandal @ Late Bindeshwari Mandal
R/o Vill- Lakshminiya Tola, Ward No. 13, P.S.- Chausa, Distt- Madhepura
2. Muski Kumar @ Muskan Kumar S/o Tuntun Mandal R/o Vill- Lakshminiya
Tola, Ward No. 13, P.S.- Chausa, Distt- Madhepura
3. Sharda Mandal @ Sard Mandal D/o Tuntun Mandal R/o Vill- Lakshminiya
Tola, Ward No. 13, P.S.- Chausa, Distt- Madhepura
4. Nanda Mandal @ Narad Mandal @ Narda Mandal D/o Tuntun Mandal R/o
Vill- Lakshminiya Tola, Ward No. 13, P.S.- Chausa, Distt- Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Renu Devi W/o Manikchand Paswan R/o Vill- Lakshminiya Tola, W. No. 13,
P.S.- Chausa, Distt- Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nafisu Zzoha
For the Opposite Party/s : Mrs.Usha Kumari 1
Mr.Durgesh Kumar, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 09-02-2026 Earlier, vide order dated 28.07.2025, this petition
already stood dismissed as withdrawn in respect of petitioner
no. 2 (Muski Kumar @ Muskan Kumar).
2. Heard learned counsel for the petitioners, learned
Special P.P. and learned counsel for the informant/O.P.No.2.
3. The petitioners (i.e. petitioner nos. 1, 3 & 4)
apprehend their arrest in a case registered for the offence under
Sections 115(2), 126(2), 303(2), 351(2) of the B.N.S., 2023,
Sections 3(i)(r), 3(i)(s), 3(i)(w) of the SC/ST Act and Section 8
Patna High Court CR. MISC. No.45595 of 2025(5) dt.09-02-2026
2/3
of the POCSO Act.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Specific accusation is against co-accused Muski Kumar and
petitioners have been made accused merely because they happen
to be family members of co-accused Muski Kumar. The victim,
in her statement recorded under Section 183 of B.N.S.S., has
also alleged that it was co-accused Muski Kumar, who tried to
commit rape upon her. She has neither named nor alleged any
wrong against these petitioners.
5. Learned counsel for the opposite party no. 2 has
opposed the prayer for anticipatory bail.
6. Considering the statement of the victim recorded
under Section 183 B.N.S.S., the prayer for anticipatory bail of
petitioners is allowed.
7. Accordingly, in the event of arrest/surrender before
the Trial Court within a period of eight weeks from today, let
petitioner no. 1, 3 & 4, above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned A.D.J. VI-cum-Special Judge (POCSO Act), Madhepura
in connection with Chausa P.S. Case No. 97 of 2025, subject to
Patna High Court CR. MISC. No.45595 of 2025(5) dt.09-02-2026
3/3
condition as laid down under Section 482 of the B.N.S.S., 2023.
8. This bail application is accordingly disposed of.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…