Patna High Court
Mahendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the anticipatory bail application, noting that the principal rape allegation is against other co‑accused.
Summary
Petitioners 2 to 6, including four women, applied for anticipatory bail in connection with PS Halai Case No. 107 of 2025, which alleges offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act. The prosecution alleges that the petitioners, along with others, assaulted an informant during a protest concerning an alleged rape by other co‑accused. The petitioners contend they are innocent, that the principal rape charge pertains to co‑accused Sujit, Amarjit and Ranjit, and they have clean antecedents. The State opposed the bail. After considering the submissions and the fact that the main rape allegation is against the other accused, the Court allowed the anticipatory bail, directing the petitioners to furnish bail bonds of Rs.10,000 with two sureties each, subject to Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to petitioners 2‑6 in view of the alleged offences under the BNSS and POCSO Act
- Whether the alleged assault and the protest context warrant denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(D), 115(2), 118(D), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 70(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- POCSO Act
- Section 482
- assault
- rape allegation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87358 of 2025
Arising Out of PS. Case No.-107 Year-2025 Thana- HALAI District- Samastipur
======================================================
1. Mahendra Singh S/O Late Jag Dev Singh R/O Village- Rasiyahi, P.O-
Kumaiya, P.S- Halai, Distt.- Samastipur.
2. Kanchaniya Devi W/O Mahendra Singh R/O Village- Rasiyahi, P.O-
Kumaiya, P.S- Halai, Distt.- Samastipur.
3. Saraswati Kumari W/O Ranjit Kumar R/O Village- Rasiyahi, P.O- Kumaiya,
P.S- Halai, Distt.- Samastipur.
4. Mamta Devi @ Mamta W/O Dinesh Singh @ Dinesh Kumar R/O Village-
Rasiyahi, P.O- Kumaiya, P.S- Halai, Distt.- Samastipur.
5. Mamta Devi @ Mamta W/O Sujit Kumar R/O Village- Rasiyahi, P.O-
Kumaiya, P.S- Halai, Distt.- Samastipur.
6. Dinesh Singh @ Dinesh Kumar S/O Mahendra Singh R/O Village- Rasiyahi,
P.O- Kumaiya, P.S- Halai, Distt.- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manju Devi W/O Ram Vinay Singh R/O Village- Rahiyari, P.O- Kumaiya,
P.S- Halai, Distt.- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar
For the Opposite Party/s : Mr. Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-03-2026 On 09.01.2026, this case with respect to petitioner no.
1, Mahendra Singh was dismissed as withdrawn.
2. Now the bail petition is limited with respect to
petitioner nos. 2 to 6.
3. Heard the learned counsel for the petitioners and
learned counsel for the State.
4. The petitioners apprehend arrest in connection with
Patna High Court CR. MISC. No.87358 of 2025(3) dt.11-03-2026
2/3
Halai P.S. Case No. 107 of 2025 registered for offences under
Sections 126(2), 70(2), 115(2), 118(D), 109(D), 303(2), 352,
351(2), (3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 4/6 of the POCSO Act.
5. As per the prosecution case, the petitioners, along
with others, are said to have assaulted the informant under the
pretext of a protest regarding the alleged rape committed by
other co-accused persons.
6. Learned counsel for the petitioners submits that the
petitioners are innocent and have not committed any offence. He
further submits that the allegation of rape is against the other co-
accused, namely Sujit, Amarjit, and Ranjit, who attempted to
commit rape on the victim. The petitioners have clean
antecedents. He also submits that petitioner nos. 2 to 5 are
women.
7. Learned APP for the State has vehemently opposed
the prayer for bail.
8. I have considered the submissions of the parties and
have gone through the records of the case. Considering the fact
that the main allegation of rape is against the co-accused Sujit,
Amarjit, and Ranjit, this application for anticipatory bail is
allowed.
Patna High Court CR. MISC. No.87358 of 2025(3) dt.11-03-2026
3/3
9. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor court in
connection with Halai P.S. Case No. 107 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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