Patna High Court
Mithilesh Kumar Thakur @ Mithalesh Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner subject to a bond, sureties and conditions restricting witness tampering and contact with the victim.
Summary
The petitioner, Mithilesh Kumar Thakur, was named in an FIR (Palasi P.S. Case No. 122 of 2024) for alleged kidnapping, assault and related offences under several IPC sections. He contended that the allegations, including the use of a knife, were false and that the FIR was filed three days after a counter‑case (Palasi P.S. Case No. 116 of 2024) in which the informant and her family allegedly assaulted him. The petitioner sought bail, arguing that the FIR was a retaliatory measure and that there was no credible evidence of sexual assault. The State opposed bail, relying on the informant’s statement recorded under Section 183 of the BNSS. The court, noting the timing of the FIR and the possibility of a false complaint, granted bail on the condition that the petitioner not influence witnesses or contact the victim, subject to a Rs. 10,000 bond and two sureties, and invoked Section 438(2) CrPC and Section 482(2) BNSS.
Issues considered
- Whether the bail petition should be granted in view of the allegations of kidnapping and assault under the IPC.
- Whether the FIR was filed with malafide intent as a counter‑measure to a prior case against the petitioner.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) BNSS are appropriate.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 341, 354, 354(C), 354(D), 504/34
Subjects
- bail
- kidnapping
- IPC sections
- false FIR
- counter FIR
- witness tampering
- Section 438 CrPC
- Section 482 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71647 of 2024
Arising Out of PS. Case No.-122 Year-2024 Thana- PALASI District- Araria
======================================================
Mithilesh Kumar Thakur @ Mithalesh Kumar Thakur S/o Vijay Thakur R/o
Village- Kachmoh, Ward No.8, P.S.- Palasi, Dist.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Singh
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 19-01-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Palasi P.S. Case No.
122 of 2024 registered for the offences punishable under Sections
341, 323, 354, 354 (C), 354 (D) and 504/34 of the Indian Penal
Code.
3. As per FIR, petitioner alleged to kidnap the informant
aged about 17 years while she went to attend the call of nature on
31.03.2024 at about 5:30 PM and under threat of knife she was
brought to the house of petitioner where she was confined for
hours, where informant was rescued by her family members on the
same day.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that allegation of using knife is false and
Patna High Court CR. MISC. No.71647 of 2024(4) dt.19-01-2026
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concocted for the reason as prior to lodging of this FIR on
04.04.2024 for the occurrence dated 31.03.2024 the informant
and his family members assaulted petitioner and his family
members for trespassing their house for which case has been
registered as Palasi P.S. Case No. 116 of 2024 dated 01.04.2024
for the offence punishable under Sections 147, 149, 341, 323,
307, 379, 427 and 504 of the IPC. It is submitted that just to
counter aforesaid criminal prosecution, present case has been
lodged against petitioner and his family members by making
informant instrumental by her parents three days after the
occurrence. It is also submitted that even from the FIR the
allegation of sexual assault not appears convincing and therefore
present FIR was not registered under POCSO Act. While
concluding argument, it is submitted that above named petitioner
is a man of clean antecedent.
5. Learned APP duly assisted by learned counsel for the
informant while opposing the prayer of bail submitted that
allegation is specific against this petitioner. It is submitted that
allegation is also supported by informant while recording her
statement under Section 183 of the BNSS.
6. In view of aforesaid factual submission and by taking
note of fact as present occurrence appears lodged after three days
Patna High Court CR. MISC. No.71647 of 2024(4) dt.19-01-2026
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of lodging of Palasi P.S. Case No. 116 of 2024, prima-facie
suggesting a counter approach of the informant as to lodge
present case, accordingly petitioner above-named, in the event of
his arrest or surrender before the court below within a period of
four weeks, is directed to be released on bail, furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned J.M. 1 st Class,
Araria/concerned Court, where the case is pending in connection
with Palasi P.S. Case No. 122 of 2024 , subject to the conditions
as laid down under Section 438(2) of the Cr.P.C/ Section 482(2)
of BNSS with further condition :-
(I). Petitioner shall not influence any
witnesses or contact victim in any
manner or through social media, failing
which informant shall be at liberty to
press before the learned Trial Court for
cancellation of bail bond of the
petitioner, which shall be decided by
the learned Trial Court, itself after
giving opportunity of hearing to the
petitioner.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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