Patna High Court
Rahul Kumar Mandal @ Rahul Kr. MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioner is entitled to regular bail subject to a bail‑bond of Rs.10,000 and two sureties.
Summary
Rahul Kumar Mandal was arrested in connection with a case registered on 2 September 2025 for offences under Sections 64(1), 318(4), 351(2) and 3(5) of the B.N.S., alleged to involve rape of a married woman after promising marriage and subsequent threats to her and her family. The petitioner sought regular bail, arguing that the victim was already married, had previously consented to a physical relationship, and that the petitioner was already on bail in another unrelated case. The State opposed the bail, emphasizing the seriousness of the alleged rape and intimidation. The Court examined the facts, the nature of the allegations, and the petitioner’s custody status since 16 September 2025. It ordered that the petitioner be released on bail upon furnishing a bail‑bond of Rs.10,000 with two sureties of equal amount, and allowed the application.
Issues considered
- Whether the petitioner is entitled to regular bail for the offences of rape, intimidation and related charges under the B.N.S.
Legislation cited
- B.N.S. — s. 318(4), 3(5), 351(2), 64(1)
Subjects
- regular bail
- rape
- intimidation
- criminal procedure
- B.N.S. sections
- marital status
- threats
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8523 of 2026
Arising Out of PS. Case No.-321 Year-2025 Thana- AAJAM NAGAR District- Katihar
======================================================
Rahul Kumar Mandal @ Rahul Kr. Mandal S/o- Hansa Mandal Resident of
Village- Hasopara, PS.- Azamnagar, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Musowir, Advocate
Mr. Harsh Pathak, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
For the O.P. No.2 : Mr. Suresh Prasad Sah @ Barnwal
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 18-04-2026 Heard learned counsel for the petitioner, learned
counsel for the Opposite Party No.2 and learned APP for the
State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Azamnagar P.S. Case
No. 321 of 2025 dated 02.09.2025 registered for the offences
punishable under Sections 64(1), 318(4), 351(2) and 3(5) of
B.N.S.
3. As per allegation, the informant happens to be a
married lady having children and her husband used to stay
outside to make the ends meet. In the meantime, this petitioner
started talking with her in a friendly manner and also assured
that he would marry her. It is alleged that on 30.08.2025 in the
Patna High Court CR. MISC. No.8523 of 2026(4) dt.18-04-2026
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intervening night, this petitioner came to her house and took her
to his own house on a motorcycle where this petitioner is
alleged to have committed rape and after the commission of
such rape she was ousted from there and threatened her with
dire consequences and also threatened her not to disclose the
fact to anyone. The parents of the informant were also
threatened with dire consequences.
4. Learned counsel for the petitioner submits that the
victim is a married lady and she herself has disclosed her age as
22 years. Moreover, the victim, who being already married from
before is not expected to enter in such relationship. Moreover, in
her statement recorded under Section 183 BNSS, she has
categorically stated that she had entered into physical
relationship with this petitioner on previous occasion also. It has
also been submitted that physical relationship on false pretext of
marriage is not made out since she was already married from
before and she was entering into an illicit relationship. The
petitioner happens to be in judicial custody since 16.09.2025
and although he was accused in one another case but not of
similar nature and he is on bail in that case.
5. Learned A.P.P. for the State and learned counsel for
Opposite Party No.2 have vehemently opposed the prayer for
Patna High Court CR. MISC. No.8523 of 2026(4) dt.18-04-2026
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bail of the petitioner.
6. Having considered the facts and circumstances of
the case and perused the record, the petitioner above-named is
directed to be enlarged on bail on furnishing bail-bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Katihar in connection with Azamnagar P.S. Case No. 321 of
2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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