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Patna High Court

Bhusan Mandal @ Shashi KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petitioner is not entitled to bail and the application for regular bail is rejected.

Summary

The petitioner, Bhusan Mandal, sought regular bail in a case registered under Section 70(2) of the Bihar Narcotic Substances Act and Sections 3 and 6 of the POCSO Act, alleging that he was falsely implicated and that the victim’s statement was made under maternal pressure. The prosecution alleged that on 5 February 2025, the petitioner, along with co‑accused, forcibly took a 16‑year‑old girl to a riverbank, placed her on a boat and had sexual intercourse with her. The petitioner’s counsel argued that the main accused was Shiva Mandal and that the victim’s deposition was not voluntary. The State’s counsel countered that the victim’s statement, recorded in the FIR and under Section 164 of the CrPC, named the petitioner as an accused. The Court examined the seriousness of the child sexual offence and the victim’s testimony, and concluded that the petitioner did not merit the privilege of bail. Consequently, the bail application was rejected.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case involving offences under Section 70(2) of the BNS and Sections 3 and 6 of the POCSO Act
  • Whether the victim’s statement, recorded under Section 164 of the CrPC, suffices to deny bail
  • Whether the alleged relationship between the petitioner and the victim affects the bail decision

Legislation cited

Subjects

  • bail
  • child sexual abuse
  • POCSO Act
  • Bihar Narcotic Substances Act
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68518 of 2025
                     Arising Out of PS. Case No.-45 Year-2025 Thana- GOPALPUR District- Bhagalpur
                 ======================================================
                 Bhusan Mandal @ Shashi Kumar S/o Boni Mandal R/o vill - Naya Nagar
                 Gangaldey, P.S.- Kahalgaon, Distt.- Bhagalpur, Bihar
                                                                      ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     Sheela Devi W/o Hare Ram Mandal R/o vill - Naya Tola Gangaldey, P.S.-
                  Kahalgaon, Distt.- Bhagalpur, Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pravina Kumari
                 For the Opposite Party/s :       Mr.Renuka Ratanakar (App125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

6   05-02-2026                  Heard learned counsel for the petitioner as well as

                   informant and learned APP for the State.

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

                   connection with Gopalpur P.S. Case No. 45 of 2025, registered for

                   the offences punishable under Sections 70(2) of the BNS and 3

                   and 6 of the POCSO Act.

                                3. As per the prosecution case, on 05.02.2025, the 16-

                   year-old daughter of the informant was enticed by the co-accused,

                   Shiva Mandal, and taken to the river bank. It is alleged that three

                   named accused, along with two unknown persons, forcibly took

                   the victim onto a boat, where they established physical relations

                   with her.

                                4. The learned counsel for the petitioner has submitted
           Patna High Court CR. MISC. No.68518 of 2025(6) dt.05-02-2026
                                                       2/2




                     that the main accused is Shiva Mandal. The love and affection

                     between Shiva Mandal and the victim, the petitioner has falsely

                     been implicated. She has further submitted that in her deposition,

                     the victim has stated in paragraph no. 7 that, at the request of her

                     mother, she is deposing in court.              The petitioner has been in

                     custody since 13.06.2025.

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

                     has opposed the prayer for bail and submitted that in paragraph

                     no. 2 of the deposition, the victim has also named this petitioner,

                     as well as in the FIR and in the statement recorded under

                     Section 164 of the CrPC.

                                  6. In my view, the petitioner does not deserve the

                     privileges of bail, which is hereby rejected.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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