Patna High Court
Mithilesh Mandal @ Mithilesh Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner, holding that the commencement of trial and seriousness of the offence preclude bail.
Summary
The petitioner, Mithilesh Mandal, was charged under IPC Section 376(D‑A) and POCSO Act Section 4(6) for allegedly raping a minor. The prosecution alleged that the accused forcibly took the victim on a motorcycle, gagged her, and committed rape. The petitioner sought regular bail, arguing that although charges were framed, no witness had yet been examined. The High Court noted that the trial had already commenced and found no ground for a review of the earlier bail denial. Consequently, the court rejected the bail application and directed the Superintendent of Police to ensure witness attendance. The order was communicated to the police for compliance.
Issues considered
- Whether regular bail can be granted to an accused of rape under IPC 376(D‑A) and POCSO Act 4(6) when the trial has already commenced.
- Whether the absence of witness examination at the stage of bail application warrants granting bail.
Legislation cited
- Indian Penal Code — s. 376(D-A)
- Protection of Children from Sexual Offences Act — s. 4(6)
Subjects
- bail
- rape
- POCSO
- criminal procedure
- high court
- regular bail
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82417 of 2025
Arising Out of PS. Case No.-507 Year-2022 Thana- RAJAON District- Banka
======================================================
Mithilesh Mandal @ Mithilesh Kumar Mandal S/o- Kailash Mandal Village-
Chaksafiya PS-Rajoun District- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o- Y R/v- Z Ps- Rajoun Dist- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Nandan Prasad, Advocate
For the Opposite Party/s : Mr.Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-01-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Rajoun P.S. Case No.
507 of 2022 registered for the offence punishable under Sections
376(D-A) of the Indian Penal Code and Section 4(6) of POCSO
Act.
3. Earlier the bail application of the petitioner was
rejected on 22.05.2023 in Cr. Misc. No. 21802 of 2023, which
reads as follows:-
Heard learned counsel for the
petitioner and learned APP for the State.
Patna High Court CR. MISC. No.82417 of 2025(2) dt.16-01-2026
2/3
This application for grant of regular
bail arise out of Rajoun P.S. Case No. 507 of
2022 registered for the offence punishable under
Sections 376(D-A) of the Indian Penal Code and
Section 4(6) of POCSO Act.
The prosecution case in brief is that
while victim girl had gone to attend nature's call,
the accused Vibhuti Kumar and present
petitioner forcibly took her on a motorcycle and
gagged her mouth. Thereafter, they committed
rape on her.
In view of the aforesaid fact, this Court
is not inclined to grant bail to the petitioner.
Accordingly, the prayer of bail of the
petitioner is rejected herewith.
The Trial Court is directed to expedite
the trial.
4. Learned counsel for the petitioner submits that
though the charges have been framed, but no witness has been
examined and therefore, the petitioner may be granted bail.
5. Considering the fact that trial has started, no ground
for review is made out. Accordingly, this application for regular
bail stands rejected.
6. The Superintendent of Police, Banka is directed to
ensure the attendance of the witnesses in the concerned court
below.
7. Let a copy of this order be communicate through
Patna High Court CR. MISC. No.82417 of 2025(2) dt.16-01-2026
3/3
FAX/ e-mail to the Superintendent of Police, Banka for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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