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Patna High Court

Tuntun MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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
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                     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


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