Patna High Court
Munna Kumar @ Munna BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Munna Kumar, was arrested in connection with a case registered on 20-08-2025 alleging that he forcibly abducted and raped a minor girl, a daughter of the informant, in violation of Sections 64(1), 96, 115(2) of the B.N.S. and Sections 4 and 6 of the POCSO Act. The victim’s statement claimed the assault occurred at a railway station, but the petitioner’s counsel argued that the medical examination showed no injuries, the victim’s age was between 16 and 18, and the allegations were fabricated. The State and the second opposite party opposed bail, emphasizing the seriousness of the alleged sexual offence against a minor. The court examined the lack of medical corroboration, the petitioner’s clean antecedent, and the need to balance the rights of the accused with the interests of justice. Considering these factors, the court granted bail subject to strict conditions, including surety, personal appearance, and non‑contact with the victim. The order emphasized that the bail terms could be cancelled if conditions were breached.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged rape of a minor under the POCSO Act and other statutes.
- Whether the absence of medical evidence and the disputed age of the victim justify denial of bail.
- Whether the petitioner’s criminal antecedent and the seriousness of the offence warrant continued detention.
Legislation cited
Subjects
- bail
- POCSO Act
- rape
- minor
- criminal procedure
- medical evidence
- age of victim
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72467 of 2025
Arising Out of PS. Case No.-220 Year-2025 Thana- CHAND District- Kaimur (Bhabua)
======================================================
Munna Kumar @ Munna Bind S/O Sudarshan Bind R/O Vill.- Baheriyan,
P.S.- Chand, Dist.- Kaimur at Bhabua
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Miss X D/O Babulal Prasad R/O Vill.- Baheriyan, P.S.- Chand, Dist.-
Kaimur at Bhabua
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Adv.
Mr.Sanjeev Kumar, Adv.
For the informant : Mr. Awadhesh Saran, Adv.
For the Opposite Party/s : Ms.Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 08-01-2026 Heard learned counsel for the petitioner, learned
counsel for the O.P. No. 2 and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Chand
P.S. Case No. 220 of 2025 dated 20.08.2025 registered for the
offences punishable under Sections 64(1), 96, 115(2) of the
B.N.S. and Section 4/6 of the POCSO Act.
3. As per the prosecution case, the minor daughter of
the informant was found to be missing from home and during
search, it was discovered that she had been seen with Munna
Kumar @ Munna Bind heading towards Railway Station and
when the victim was located, she has stated that while she had
gone to attend the call of nature, the accused Munna Kumar
Patna High Court CR. MISC. No.72467 of 2025(3) dt.08-01-2026
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forcibly grabbed and raped her. When the victim tried to raise
hulla, the accused assaulted her and even took her along with
him at the station and next morning she returned.
4. Learned counsel for the petitioner submits that the
present case is false and concocted case. The allegation of rape
has not been proved in medical examination report and from
perusal of the same, it is evident that there was no sign of any
injury found on the body of the victim and there was no sign of
any sexual assault. It has further been submitted that even the
age of girl was assessed to be between 16 to 18 years and her
being minor is also falsified. The victim in her statement
recorded u/s 183 of the B.N.S.S., wherein she had though stated
that the petitioner had committed wrong with her however
learned Magistrate have noted the fact that “the entire incident
of sexual assault/ rape committed by the petitioner was
being stated by the girl while laughing”. It has lastly been
submitted that the petitioner has clean antecedent and he is in
custody since 20.08.2025.
5. Learned A.P.P. for the State and learned O.P. No. 2
have vehemently opposed the prayer for bail of the petitioner.
Learned O.P. No. 2 has submitted that the specific allegation is
against the petitioner who committed rape upon the victim.
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6. Considering the aforesaid submission as well as
taking into account of the facts and circumstances of the case,
the petitioner is directed to be released on bail on his furnishing
bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Court concerned, Kaimur at Bhabua in connection with Chand
P.S. Case No. 220 of 2025, subject to the following terms and
conditions :-
(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
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the name of verification.
(v) The petitioner shall refrain from meeting with the
victim or her family during the pendency of the trial.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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