Patna High Court
Sapan MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail, holding that the seriousness of the rape allegation and the unreliability of the witness preclude grant of bail.
Summary
The petitioner, Sapan Mandal, was arrested in February 2024 on charges of rape and criminal intimidation under Sections 376 and 506 of the Indian Penal Code. He applied for regular bail, claiming innocence, a clean record, and that the sole witness’s statements were contradictory and merely hearsay. The State opposed the bail, emphasizing the seriousness of the allegations. The Patna High Court, noting the gravity of the offence and the unreliability of the witness, dismissed the bail application. The court also directed the Superintendent of Police to ensure the appearance of the investigating officer and the doctor within a month, but clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail can be granted in a case involving alleged rape and criminal intimidation
- Whether the contradictory statements of the sole witness constitute sufficient ground to deny bail
- Whether the delay in production of the investigating officer and medical evidence affects the bail decision
Legislation cited
- Indian Penal Code — s. 376, 506
Subjects
- bail
- rape
- IPC 376
- criminal intimidation
- hearsay
- investigation delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7376 of 2026
Arising Out of PS. Case No.-51 Year-2024 Thana- AAJAM NAGAR District- Katihar
======================================================
Sapan Mandal Son of Bhusai Mandal Resident of Village - Kandaul, P.S.-
Azamnagar, Dist. - Katihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Balkrishna Mishra, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Sessions Trial No. 274/2024, arising out of Azamnagar P.S.
Case No. 51 of 2024 registered for the offence under Sections
376/506 of the Indian Penal Code.
3. The petitioner is accused of committing rape with
the victim.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 11.02.2024 and has clean
antecedent. He further submits that PW 1 has initially said that
attempt of rape was made with the victim and subsequently he
said that the victim was raped but PW 1 is hearsay witness.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.7376 of 2026(4) dt.09-04-2026
2/2
6. Considering the nature of allegation as alleged
against the petitioner, this application for regular bail is
dismissed.
7. Learned counsel for the petitioner submits that the
petitioner is in jail since for two years but the I.O. and the
doctor has not been examined by the prosecution as yet.
8. The Superintendent of Police, Katihar is directed to
ensure the appearance of the I.O. and the doctor within one
month from the date of communication of this order.
9. Let a copy of this order be sent to the
Superintendent of Police, Katihar through FAX for its forthwith
compliance.
10. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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