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Patna High Court

Mantosh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the interim/provisional bail previously granted to the petitioner stands confirmed.

Summary

Mantosh Kumar was arrested in connection with a POCSO case (sections 8 and 12 of the POCSO Act) and section 76 of the BNS, alleged to have taken a minor girl to a field and attempted sexual assault. The petitioner sought bail, arguing that the allegations were general, the victim refused medical examination, and a similarly situated co‑accused had already been granted bail. The State opposed the bail, but no counsel appeared for the second opposite party. The court noted that a charge‑sheet had been filed and that bail had already been granted to the co‑accused, and therefore confirmed the interim bail previously ordered on 23‑12‑2025. The bail application was disposed, with the provisional bail standing confirmed.

Issues considered

  • Whether bail should be granted to the petitioner under sections 76 of the BNS and sections 8 and 12 of the POCSO Act despite the filing of a charge‑sheet.
  • Whether the victim's refusal to undergo medical examination affects the grant of bail.
  • Whether the grant of bail to a similarly situated co‑accused warrants bail to the petitioner.

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual assault
  • minor
  • provisional bail
  • charge sheet
  • co‑accused bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56796 of 2025
                      Arising Out of PS. Case No.-69 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Mantosh Kumar S/o Chotan Yadav Resident of Kaji Bigha, P.S.- Gaurichak,
                 Distt- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Shila Devi W/o Naval Paswan R/o Vill- Kazibigha, P.S.- Gounchakj, Distt-
                 Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Suryadeo Prasad Singh, Adv.
                 For the Opposite Party/s :      Mrs.Usha Kumari 1, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   20-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State. No one appears on behalf of opposite party

                   no.2 despite valid service of notice.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Gaurichak P.S. Case no.69 of 2025

                   registered under sections 76 of BNS and Sections 8 and 12 fo

                   POCSO Act.

                                3. Allegation in the F.I.R is that accused persons

                   including the petitioner herein took informant’s minor daughter

                   to the field and tried to do wrong with her.

                                4. Learned counsel for the petitioner submits that

                   there are general and omnibus allegation levelled against the
              Patna High Court CR. MISC. No.56796 of 2025(6) dt.20-02-2026
                                                          2/2




                        petitioner and others. As a matter of fact, due to previous land

                        dispute the present F.I.R has been lodged. Learned counsel has

                        further submitted that the victim girl has refused for the medical

                        examination. Further, similarly situated co-accused Himanshu

                        Kumar has been granted bail by a co-ordinate Bench of this

                        Court vide order dated 01.09.2025 passed in Cr. Misc. No.

                        36883 of 2025. The petitioner has no criminal antecedent and he

                        is in custody since 13.02.2025. He undertakes to cooperate in

                        the case/trial.

                                     5. The application for bail is opposed by learned

                        A.P.P. for the State.

                                     6. Taking into consideration the aforesaid facts and

                        circumstances of the case and also considering the fact that

                        charge-sheet has been submitted in the case and similarly

                        situated co-accused has been granted bail by aforesaid order

                        dated 01.09.2025, interim/provisional bail granted to the

                        petitioner vide order dated 23.12.2025 stands confirmed.

                                     7. The application stands disposed of.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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