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Patna High Court

Mantu kumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the accusations were specific, the offences were grave, and the victim's statement under Section 164 CrPC substantiated the prosecution's case.

Summary

Mantu Kumar sought anticipatory bail after being named in an FIR alleging kidnapping of a minor girl (Section 363 IPC), rape of the minor (Section 366A IPC) and related offences (Section 34 IPC). The prosecution presented a statement of the minor victim recorded under Section 164 of the Criminal Procedure Code, supporting the charges. The petitioner contended innocence, claiming a false case arising from a petty dispute and highlighted his clean antecedents. The State opposed bail, emphasizing the specific nature of the accusation, the seriousness of the offences, and the victim's recorded statement. The Court, after considering these factors, rejected the petition for anticipatory bail, finding the gravity of the allegations and the victim's testimony sufficient to deny bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving alleged kidnapping and rape of a minor under Sections 363, 366A and 34 of the IPC.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • rape of minor
  • IPC
  • CrPC
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54777 of 2025
                       Arising Out of PS. Case No.-33 Year-2021 Thana- BAJPATTI District- Sitamarhi
                 ======================================================
                 Mantu kumar S/o Ramsagar Rai R/o Village - Nimahi, P.S- Bajpatti, District-
                 Sitamarhi

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Bhola Rai S/o Late Bilas Rai R/o Village - Nimahi, P.S - Bajpatti, District-
                 Sitamarhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Pramod Kumar Sinha, Advocate
                 For the State            :        Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   16-01-2026                  Heard Mr. Pramod Kumar Sinha, learned counsel

                   appearing on behalf of the petitioner and Mr. Umeshanand

                   Pandit, learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 363, 366A

                   and 34 of the Indian Penal Code.

                                3. As per prosecution case, it is alleged that this

                   petitioner kidnapped the minor daughter of informant and

                   committed rape.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. As a matter of fact, both parties are
             Patna High Court CR. MISC. No.54777 of 2025(3) dt.16-01-2026
                                                         2/2




                       Gotiyas and due to petty dispute, this false and concocted case

                       has been lodged. Petitioner claims clean antecedents.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that petitioner is named in the F.I.R.

                       with specific accusation that he kidnapped the daughter of

                       informant and committed rape. The victim is minor and in her

                       statement recorded under Section 164 of the Cr.P.C., she has

                       supported the prosecution case.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation, gravity of offence

                       and statement of the victim recorded under Section 164 of the

                       Cr.P.C., the prayer for grant of anticipatory bail to the petitioner

                       is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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