Patna High Court
Dilkhush MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court denied regular bail, holding that the circumstances did not warrant its grant at this stage.
Summary
The petitioner, Dilkhush Mandal, sought regular bail in a case involving multiple offences under the Bihar Narcotic Substances Act, the POCSO Act and the IT Act, alleging kidnapping and sexual assault of a minor. The prosecution alleged that the petitioner abducted the informant's minor daughter and subjected her to repeated sexual intercourse, supported by a medical report showing hymenal tears. The petitioner contended innocence, highlighted a five‑month delay in filing the complaint, argued the victim was 18‑20 years old with no rape findings, and pointed to his clean record and custodial status since March 2025. The State opposed bail, emphasizing the medical evidence and the victim’s statements. After hearing both sides, the court declined to grant bail, permitting a fresh application after six months and directing the trial court to complete the trial within six months.
Issues considered
- Whether regular bail should be granted to the accused pending trial for offences under the Bihar Narcotic Substances Act, POCSO Act and IT Act
- Whether the delay in filing the complaint and the victim's age affect the grant of bail
- Whether the medical evidence indicating sexual intercourse justifies denial of bail
Legislation cited
- Bihar Narcotic Substances Act — s. 126(2), 127(2), 137(2), 303(2), 3(5), 61(1), 61(2), 65(1), 76
- Information Technology Act — s. 67(A)
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- POCSO
- sexual assault
- kidnapping
- medical evidence
- delay in complaint
- trial court direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80282 of 2025
Arising Out of PS. Case No.-62 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Dilkhush Mandal S/O Bachchalal Mandal @ Bachhulal Mandal Resident of
Village- Nirmali, Tola- Bela Tol, P.S.- Pipra, District- Supaul
... ... Petitioner/s
Versus
1. The State of Bihar
2. Surya Narayan Yadav S/O Late Misri Lal Yadav R/O Vill.- Bisanpur, Ward
No.- 02, P.S. and Dist.- Supaul
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in
connection with Supaul P.S. Case No. 62 of 2025 instituted for
the offence under Sections 126(2), 127(2), 137(2), 76, 65(1),
61(1) 61(2), 303(2) and 3(5) of BNS and Section 8 of the
POCSO Act and Section 67(A) of I.T. Act.
3. The case of the prosecution is that the minor
daughter of the informant has kidnapped by the petitioner and
others.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and committed no offence. He has further
Patna High Court CR. MISC. No.80282 of 2025(5) dt.04-05-2026
2/3
submitted that from perusal of the complaint petition, it is clear
that the occurrence is of 01.07.2024 whereas this complaint has
been filed on 12.12.2024 with a delay of more than five months.
It has further been submitted that as per the case of the
prosecution, the victim was kept for five months at Madras but
she has not raised any alarm. It has further been submitted that
from perusal of the medical report, it transpires that the victim is
aged about 18-20 years and no positive finding regarding rape
was found. A statement has been made in para-3 of this petition
that the petitioner has got no criminal antecedent. Moreover, he
is languishing in judicial custody since 28.03.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that from perusal of the complaint petition itself, it is
clear that the delay is well explained by the prosecution and
from perusal of the medical report also, it is clear that the doctor
has found hymen torn at 3 O’ clock, 6 O’ clock and 9 O’ clock
position and lax all through which goes to show that the victim
was subjected to regular sexual intercourse. During course of
investigation, the victim has also stated that the petitioner is
having three kids.
6. Having heard the learned counsel for the parties
Patna High Court CR. MISC. No.80282 of 2025(5) dt.04-05-2026
3/3
and considering the facts and cirumstances of this case as stated
above, this court is not inclined to enlarge the petitioner on bail
at this stage and, as such, his prayer for bail stands rejected.
7. However, the petitioner will be at liberty to renew
his prayer for bail after six months if the trial is not concluded.
8. Learned trial court is directed to conclude the trial
within six months.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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