Patna High Court

Pawan Mandal @ Pawan KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

Bail was granted to the petitioner subject to a bond, sureties, and conditions of cooperation with the trial.

Summary

Petitioner Pawan Mandal was arrested under IPC Section 354 and Section 8 of the POCSO Act for allegedly enticing and teasing the informant’s 11‑year‑old daughter. The petitioner claims he is innocent and was framed due to village politics, having been in custody for seven months. The informant’s counsel presented the victim’s statement recorded under CrPC Sections 164 and 161, alleging misconduct by the petitioner. The court examined the seriousness of the allegations, the length of pre‑trial detention, and the possibility of the petitioner cooperating with the trial. It ordered the petitioner’s release on bail upon furnishing a Rs.10,000 bond with two sureties, subject to his cooperation and non‑tampering with evidence.

Issues considered

Whether bail should be granted in a case involving alleged sexual assault of a minor under the POCSO Act and outraging modesty under IPC Section 354
Whether the petitioner’s claim of false implication and prolonged pre‑trial custody justify bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 161, 164
Indian Penal Code — s. 354
Protection of Children from Sexual Offences Act — s. 8

Subjects

bail
POCSO
sexual assault of minor
IPC 354
false implication
pre‑trial detention
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56226 of 2025
                   Arising Out of PS. Case No.-204 Year-2024 Thana- NATHNAGAR District- Bhagalpur
                 ======================================================
                 Pawan Mandal @ Pawan Kumar S/o Kare Mandal R/o Village- Satsang Nagar
                 Mirzapur, P.S.- Nathnagar, District- Bhagalpur
                                                                      ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar Bihar
           2.     Kamleshwari Mandal S/o Late Jagdish Mandal Resident of Satsang Nagar
                  Mirzapur, P.S.- Nathnagar, District- Bhagalpur
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Praveen Kumar Agrawal, Adv.
                 For the Opposite Party/s :      Mr. Shailendra Kumar, APP
                 For the informant        :      Renu Kumari, Adv.
                                                 Madhu Prasun, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   21-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section-354 of the Indian Penal Code

                   and Section-8 of POCSO Act.

                                3. It is alleged that in course of playing outside the

                   house near mango tree, the petitioner enticing the informant’s

                   minor daughter took her away and started to tease her.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and due to village politics, he has

                   falsely been implicated in this case. The petitioner has remained

                   in custody for seven months.
            Patna High Court CR. MISC. No.56226 of 2025(3) dt.21-01-2026
                                                        2/2




                                   5. On the other hand, learned counsel for the

                      informant has submitted that the petitioner has misbehaved with

                      minor girl of 11 years to which, the victim has supported the

                      allegation in her statement recorded under Sections-164 Cr.P.C.

                      and 161 of the Cr.P.C.

                                   6. The petitioner is in custody for about seven months.

                      There is case and counter case between the parties.

                                   7. Considering the aforesaid facts and circumstances,

                      let the petitioner named above, 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 learned Exclusive Special

                      Judge, POCSO, Bhagalpur in connection with Nathnagar P.S.

                      Case No. 204 of 2024 vide POCSO Case No. 89 of 2024 with

                      condition that the petitioner shall cooperate with the trial of the

                      case and make himself available as and when required by the

                      court.

                                   8. After release, if the petitioner tampers with the

                      evidence, the learned court below may take appropriate

                      steps.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-
U       T

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