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Patna High Court

Subhash Mandal @ KailuversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court declined to grant bail, holding that the victim’s statement under Section 183 and the gravity of the alleged offences warranted continued detention.

Summary

The petitioner, Subhash Mandal, was charged with rape of a ten‑year‑old girl under Sections 64(1) and 65(2) of the B.N.S. and Sections 4 and 6 of the POCSO Act. He applied for bail, claiming false implication due to family enmity and relying on a medical report that showed no injuries or spermatozoa. The State opposed bail, emphasizing the victim’s corroborative statement recorded under Section 183 of the B.N.S.S. The court examined the seriousness of the offence and the victim’s statement, and concluded that bail could not be granted at this stage. Consequently, the bail petition was rejected, with the court allowing a fresh application after six months if the case does not progress substantially.

Issues considered

  • Whether bail should be granted to the accused in a rape case involving a minor under the POCSO Act and B.N.S. provisions.
  • Whether the absence of medical evidence of injury or spermatozoa negates the prima facie case against the accused.

Legislation cited

Subjects

  • bail
  • rape
  • minor
  • POCSO Act
  • medical evidence
  • victim statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83070 of 2025
                   Arising Out of PS. Case No.-261 Year-2025 Thana- ALAMNAGAR District- Madhepura
                 ======================================================
                 Subhash Mandal @ Kailu S/o Late Bishnudev Mandal R/o Village - Auradih,
                 Ward no. 09, P.S - Alamnagar, District - Madhepura.
                                                                      ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     Mira Devi W/o Late Ramswarup Mandal R/o Village - Auradih, Ward no.
                  09, P.S - Alamnagar, District - Madhepura.
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   11-03-2026                    Heard learned counsel for the petitioner and learned APP

                   for the State. Despite valid service of notice, none appears on behalf

                   of the opposite party no.2.

                                   2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 64(1), 65(2) of the B.N.S. and

                   Sections 4 and 6 of the POCSO Act.

                                   3. As per the prosecution case, the petitioner is alleged

                   to have committed rape upon the victim.

                                   4. The learned counsel for the petitioner submits that

                   the petitioner, who is an old man of about 60 years of age, has

                   falsely been implicated in the present case as there was prior enmity

                   between the families of the informant and the petitioner. It is further

                   submitted that the medical examination report of the victim which

                   was conducted on the same day i.e. on 16.08.2025 does not indicate

                   any injury on her body and no spermatozoa was also found in the

                   vaginal swab, which would be evident from the medical
            Patna High Court CR. MISC. No.83070 of 2025(6) dt.11-03-2026
                                                        2/2




                      examination report. On the strength of such medical report, it has

                      been submitted that no such occurrence ever took place and the

                      petitioner has been falsely implicated. The petitioner is in custody

                      since 18.08.2025.

                                     5. Learned APP for the State opposed the grant of bail

                      on the ground that the victim is the minor girl of about 10 years of

                      age and in her statement recorded under Section 183 of the

                      B.N.S.S., she has completely supported the case of the prosecution.

                                     6.    Taking      into    consideration   the   facts   and

                      circumstances and especially considering the statement of the victim

                      under Section 183 of the B.N.S.S., this Court is not inclined to grant

                      the privilege of bail to the petitioner at this stage. Accordingly, the

                      prayer for bail of the petitioner is hereby rejected in connection with

                      Alamnagar P.S. Case No.261 of 2025.

                                     7. However, if substantial progress is not made in the

                      case in a period of another six months, the petitioner would be at

                      liberty to renew his prayer for bail. It is however clarified that the

                      Court concerned would proceed expeditiously without giving any

                      unnecessary adjournments.


                                                                (Soni Shrivastava, J)
anand/-
U       T


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