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Patna High Court

Mithun Mandal @ Mithun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner was granted regular bail subject to a cash bond and sureties.

Summary

Mithun Mandal was arrested in connection with a case registered under Sections 137(2) and 98 of the BNS and Sections 8 and 12 of the POCSO Act, alleging that he kidnapped a minor girl with intent to marry her. The victim’s father claimed the kidnapping was to force a marriage, while the victim testified that she loved the petitioner and opposed an arranged marriage with an older man. The petitioner pleaded innocence and sought regular bail, having been in custody since May 2, 2025. The State opposed bail. The court, after considering the facts, ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to his cooperation with the trial and appearance as required.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case involving alleged kidnapping and offences under Sections 8 and 12 of the POCSO Act and Sections 137(2) and 98 of the BNS
  • Whether the circumstances of the case justify the denial of bail

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • child marriage
  • POCSO Act
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57598 of 2025
                       Arising Out of PS. Case No.-115 Year-2025 Thana- BARAHAT District- Banka
                 ======================================================
                 Mithun Mandal @ Mithun Kumar S/O Rabindra Mandal R/O Village- Daliya,
                 P.S- Bounsi, Distt.- Banka.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Balram Mandal S/O Dashrath Mandal R/O Village- Paniya, P.S- Barahat,
                 Distt.- Banka.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Jha
                 For the Opposite Party/s :       Mr.Rina Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   12-01-2026                          Heard learned counsel for the petitioner as well

                   as learned APP for the State.

                                   2. In this case, the petitioner is seeking regular bail

                   in connection with Barahat P.S. Case No. 115 of 2025, (GR-

                   1304/2025), registered for the offences punishable under

                   Sections 137(2)/98 of the BNS and also u/s 8, 12 of POCSO

                   Act.

                                   3. The father of the victim stated in his fard beyan

                   that some unknown persons kidnapped his minor daughter, with

                   intent to marry her.

                                  4. The learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been
           Patna High Court CR. MISC. No.57598 of 2025(5) dt.12-01-2026
                                                       2/2




                     implicated. The victim, in her statement recorded under Section

                     183 of the BNSS, has stated that her father was intending her

                     marriage with an elderly person, aged about 48 years, which

                     was not aggreable to the victim and she apprised his father that

                     she had love and affection with the petitioner. The petitioner is

                     under custody since 02.05.2025.

                                   5. On the other hand, the learned APP for the State

                     has opposed the prayer for bail.

                                    6. Considering the above-mentioned facts and

                     circumstances, let the petitioner above-named be released on

                     bail on furnishing bail bonds of Rs.10,000/- with two sureties

                     of the like amount each to the satisfaction of learned Addl.

                     Sessions Judge 6th-cum-Spl. Judge, POCSO, Banka in

                     connection with Barahat P.S. Case No. 115 of 2025, (GR-

                     1304/2025), subject to the condition that the petitioner shall

                     cooperate in the disposal of trial and make himself available as

                     and when required by the court.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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