Created by Fuzzy Cloud

Patna High Court

Rahul Kumar Mandal @ Rahul Kr. MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.