Patna High Court
Mithun Mandal @ Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court denied bail to the petitioner, finding sufficient grounds to keep him in custody.
Summary
Mithun Mandal was arrested on 20 June 2025 in connection with a case alleging rape of the informant's daughter, charged under Section 64 of the Bihar Narcotic Substances Act, 2023 and Section 4 of the POCSO Act, 2012. The petitioner sought bail, claiming a clean record and that the allegations were fabricated due to village politics. The prosecution opposed bail, relying on the victim's statements recorded under Sections 180 and 183 of the B.N.S, which supported the case against the petitioner. The court examined the seriousness of the offences, the credibility of the victim's statements, and the possibility of the petitioner fleeing or tampering with evidence. Concluding that the circumstances warranted continued custody, the court refused the bail application.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged rape under the POCSO Act and Section 64 of the B.N.S.
- Whether the victim's statements recorded under Sections 180 and 183 of the B.N.S. justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 180, 183, 64
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 4
Subjects
- bail
- rape
- POCSO
- false implication
- victim statements
- Section 64 B.N.S
- Section 4 POCSO
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70333 of 2025
Arising Out of PS. Case No.-149 Year-2025 Thana- AMDABAD District- Katihar
======================================================
Mithun Mandal @ Mithun Kumar S/o Babu Lal Mandal @ Bablu Mandal
Resident of Village - Meghu Tola, Post - Gopalpur, P.S - Amdabad, District -
Katihar
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X W/o - Y R/o - Z, The SHO, Amdabad Police Station, Katihar in Amdabad
P.S Case No. 149/2025, District - Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Prasad Sah, Advocate
For the Opposite Party/s : Mr.Kalyan Shankar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 19-03-2026 Heard Mr. Suresh Prasad Sah, learned counsel for
the petitioner and Mr. Kalyan Shankar, learned Additional
Public Prosecutor for the State and Mr. Birendra Kumar, learned
counsel for the informant.
2. Petitioner seeks bail who is in custody since
20.06.2025 in connection with Amdabad P.S. Case No. 149 of
2025, F.I.R. dated 20.06.2025 for the offences punishable under
Section 64 of B.N.S, 2023 and Section 4 of POCSO Act, 2012.
3. According to prosecution case, petitioner committed
rape upon the daughter of the informant.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.70333 of 2025(6) dt.19-03-2026
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implicated in the present case. Allegation as alleged in the F.I.R
is false and fabricated and petitioner has not committed any
offence as alleged in the F.I.R. Due to some village politics,
petitioner has falsely been implicated in the present case.
5. The learned Additional Public Prosecutor as well as
learned counsel for the informant has vehemently opposed the
prayer for bail of the petitioner on the ground that statement of
the victim were recorded under Section 180 and 183 of the
B.N.S in which she has fully supported the case of the
prosecution.
6. Considering the aforesaid facts and circumstances,
I am not inclined to enlarge the petitioner on bail in connection
with Amdabad P.S. Case No. 149 of 2025 pending in the court
of learned D.A.S.J-VII-cum-Special Judge, POCSO, Katihar.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
vashudha/-
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