Patna High Court
Mithun Mandal @ Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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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