Patna High Court
Vijay Mandal @ Bijay Mandal @ Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that bail could not be granted as the offence under Section 65(1) BNSS and Section 4 POCSO involves a minor victim and a charge‑sheet has already been filed.
Summary
The petitioner, Vijay Mandal, was arrested on 21‑04‑2025 in connection with a rape allegation involving the minor daughter of an informant, under Section 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act. The petitioner claimed he was falsely implicated, citing a medical report that allegedly showed no signs of sexual assault and a pending civil dispute with the informant. The State opposed bail, relying on the victim’s statement recorded under Section 183 of the BNSS and the fact that a charge‑sheet had already been filed. The court examined the seriousness of the offence, the minor status of the victim, and the existence of a charge‑sheet, and concluded that bail could not be granted. Consequently, the bail application was rejected and the trial court was directed to expedite the trial without undue delays.
Issues considered
- Whether bail should be granted to an accused charged under Section 65(1) BNSS and Section 4 POCSO involving a minor victim.
- Whether the absence of medical evidence of sexual assault negates the charge.
- Whether a civil dispute between the accused and the informant can preclude criminal liability.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 65(1)
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- rape
- minor
- POCSO
- BNSS
- criminal procedure
- medical evidence
- civil dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50232 of 2025
Arising Out of PS. Case No.-119 Year-2025 Thana- BAUNSI District- Banka
======================================================
Vijay Mandal @ Bijay Mandal @ Vijay Kumar S/O Late Gopal Mandal
Village- Bhikhanpur, P.S.- Baunsi, District- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/O Late Jagdish Mandal D/o - Y , R/o Village- Z, through S.H.O. Bounsi
in connection with Bounsi P.S. case no. 119 of 2025, District - Banka.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 02-02-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Bounsi
P.S. Case No. 119 of 2025 instituted for the offence under
Section 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Section
4 of the POCSO Act.
3. Prosecution case, in a nutshell, is that petitioner
committed rape with the minor daughter of the informant in
maize field while she had gone to take tuition.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 21.04.2025. Petitioner
bears no criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.50232 of 2025(5) dt.02-02-2026
2/3
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Learned counsel for the petitioner mainly submits that
medical report does not corroborate with the allegation levelled
in the FIR, as doctor did not find any sign of sexual assault. It is
submitted that petitioner and informant are agnates and there is
civil dispute pending between them due to which petitioner has
been dragged in this case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. Referring
to the statement of the victim recorded under Section 183 of the
BNSS, 2023, it is submitted that she has fully supported the
prosecution case. It is lastly submitted that charge sheet has
already been submitted in this case under Section 65(1) of the
Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO
Act.
7. Considering the aforesaid facts and circumstances
of the case, taking into account the fact that victim is minor as
also charge-sheet being submitted in this case under Section
65(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the
POCSO Act, this Court is not inclined to grant bail to the
Patna High Court CR. MISC. No.50232 of 2025(5) dt.02-02-2026
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petitioner. Prayer for grant of bail to the petitioner is hereby
rejected.
8. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
unnecessary adjournments.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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