Patna High Court
Bhagwan Prasad MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, in view of the victim’s denial of kidnapping and sexual assault and the lack of specific evidence against the co‑accused, bail should be granted to all petitioners.
Summary
The petitioners, members of the Mandal family, were charged in a 2021 case for kidnapping, attempted sexual assault, and related offences under several IPC sections. The alleged victim, the informant's daughter, recorded a statement under Section 164 of the Cr.P.C. stating she was 18, voluntarily married petitioner No.1, and denied any kidnapping or assault. The petitioners argued that only petitioner No.1 was involved and that the other family members were implicated without basis. The State opposed bail, but the informant’s counsel conceded the matter was compromised. Considering the victim’s denial and the lack of specific evidence against the co‑accused, the court ordered bail for all petitioners subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners are entitled to bail despite charges under IPC sections 363, 366(A), 341, 323, 504/34.
- Whether the victim’s statement under Section 164 of the Cr.P.C. negates the allegations of kidnapping and sexual assault.
- Whether the allegations against the co‑accused are sufficiently specific to deny bail.
Legislation cited
- Bihar Negotiable Settlement Scheme — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 323, 341, 363, 366(A), 504/34
Subjects
- bail
- kidnapping
- sexual assault
- victim statement
- IPC
- Criminal Procedure Code
- family members
- omnibus allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8612 of 2026
Arising Out of PS. Case No.-30 Year-2021 Thana- LAUKAHI District- Madhubani
======================================================
1. Bhagwan Prasad Mandal S/O Late Khakhi Mandal R/O Vill.- Kuriban, P.s.-
Laukahi, Dist.- Madhubani.
2. Siyabati Devi W/O Late Khakhi Mandal R/O Vill.- Kuriban, P.s.- Laukahi,
Dist.- Madhubani.
3. Santosh Mandal S/O Late Badri Mandal R/O Vill.- Kuriban, P.s.- Laukahi,
Dist.- Madhubani.
4. Nageshwar Mandal S/O Late Badri Mandal R/O Vill.- Kuriban, P.s.-
Laukahi, Dist.- Madhubani.
5. Narayan Mandal S/O Late Badri Mandal R/O Vill.- Kuriban, P.s.- Laukahi,
Dist.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Yadav, Advocate
Mr. Prashant Kumar, Advocate
For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP
For the Informant : Mr. Sumit Kumar, Advocate
Mr. Vishal Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-02-2026 Heard learned counsel appearing on behalf of
the petitioners and learned Additional Public Prosecutor
appearing on behalf of the State.
2. The accused/petitioners apprehending their
arrest in connection with Laukahi P.S. Case No. 30 of
2021 registered for the offences punishable under
Sections 363, 366(A), 341, 323, 504/34 of the Indian
Penal Code.
3. As per FIR, petitioner no. 1, who is the son
of petitioner no. 2 with help of petitioner nos. 3, 4 and
Patna High Court CR. MISC. No.8612 of 2026(2) dt.13-02-2026
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5 kidnapped the minor daughter of the informant, aged
about 15 years for the purpose of illicit
intercourse/marriage with another person.
4. It is submitted by learned counsel
appearing on behalf of the petitioners that during
investigation, statement of victim was recorded, where
she categorically denied the occurrence as kidnapping
and she also negated the allegation of sexual assault
rather while deposing her statement under Section 164
of Cr.P.C., she categorically stated her age as 18 years
and said that she out of her own sweet will solemnized
marriage with petitioner no. 1 and living happily
together having two childrens from said wedlock.
5. Arguing further, it is submitted that
petitioner no. 2 implicated only for the reason that she
is the mother of petitioner no. 1 and similarly the
petitioner nos. 3 4 and 5 were implicated being cousin
brothers, having otherwise no connection with present
occurrence and their implication made only with
oblique motive as to harass the entire family members.
All petitioners claimed clean antecedents.
6. Learned APP opposed the prayer of bail.
7. Mr. Sumit Kumar, learned counsel
appearing on behalf of the informant, while opposing
Patna High Court CR. MISC. No.8612 of 2026(2) dt.13-02-2026
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the prayer of bail could not disputed the aforesaid
factual submission and stated that matter now appears
compromised between the parties.
8. In view of aforesaid factual submissions and
by taking note of fact as the victim negate the
allegation of kidnapping and sexual assault against
petitioner no. 1 rather stated through her statement
recorded under Section 164 of Cr.P.C. as to solemnize
marriage with petitioner no. 1 and living happily with
their two childrens, where allegation against petitioner
nos. 2, 3, 4 and 5 appears very much general and
omnibus in nature, being family members,
accordingly, all above named petitioners, in the event
of their arrest or surrender before the learned trial
Court, within a period of four weeks of the order, is
directed to be released on bail furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of
the learned District & Additional Sessions Judge-I,
Jhanjharpur/concerned Court, where the case is
pending in connection with Laukahi P.S. Case No. 30 of
2021 subject to the conditions as laid down under
Section 482(2) of the BNSS.
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(Chandra Shekhar Jha, J)
veena/-
U T
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