Patna High Court
Narendra MandalversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The bail petition was dismissed; the petitioner was not released on bail.
Summary
The petitioner, Narendra Mandal, was arrested on 1 July 2025 in connection with Mahila P.S. Case No. 38 of 2025, based on an FIR dated 30 June 2025 alleging offences under Sections 65(1), 351(2) and 351(3) of the Bihar Penal Code and Sections 4 and 6 of the POCSO Act. The allegations state that he, as the step‑father of the victim, repeatedly forced a sexual relationship with the minor, resulting in her pregnancy. The petitioner pleaded that he has a clean antecedent and that the FIR is false and fabricated. The prosecution, represented by the Additional Public Prosecutor, relied on the victim’s recorded statement under Sections 180 and 183 of the Bihar Criminal Procedure Code and a medical report confirming pregnancy, establishing that the victim was a minor at the time of the alleged offence. After hearing both sides, the Court was not persuaded to grant bail, noting the seriousness of the POCSO charges and the risk to the minor, and consequently refused the bail application.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged rape of a minor under the POCSO Act.
- Whether the allegations under Sections 65(1), 351(2), 351(3) of the Bihar Penal Code and Sections 4 and 6 of the POCSO Act warrant denial of bail.
Legislation cited
- Bihar Criminal Procedure Code — s. 180, 183
- Bihar Penal Code — s. 351(2), 351(3), 65(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- POCSO
- rape of a minor
- criminal procedure
- section 180
- section 183
- medical evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87408 of 2025
Arising Out of PS. Case No.-38 Year-2025 Thana- MAHILA P.S. District- Bhagalpur
======================================================
Narendra Mandal S/o Late Gulabi Mandal R/o Village - Jhawakothi, Bari
Khanjarpur (Jhowakothi Bari Khanjarpur)), P.S - Barari, District - Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y R/o Village - Jhawakothi, Bari Khanjarpur, P.S - Barari, District -
Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 30-03-2026 Heard Mr.Dhananjay Kumar Pandey, learned
counsel for the petitioner, learned counsel for the informant and
Mr.Anil Prasad Singh, learned Additional Public Prosecutor for
the State.
2. The petitioner seeks bail, who is in custody since
01.07.2025 in connection with Mahila P.S.Case No. 38 of 2025,
F.I.R. dated 30.06.2025 registered for the offence punishable
under Sections 65(1),351(2),(3) of BNS and Sections 4 and 6 of
the POCSO Act.
3. Allegation against the petitioner is that he
continuously established physical relationship for many months
by threatenign the victim and she was found two months
Patna High Court CR. MISC. No.87408 of 2025(6) dt.30-03-2026
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pregnant.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. In fact the
petitioner is step-father of the victim and allegation as alleged in
the FIR is false and fabricated.
5. Learned counsel for the informant and learned
A.P.P. for the State, on the other hand, have vehemently
opposed the prayer for bail of the petitioner and submits that the
statement of the victim was recorded under Sections180 and
183 of BNSS, 2023 in which she has fully supported the case of
the prosecution and categorically stated that the petitioner has
committed rape upon her, apart from that, the medical
examination of the victim suggests that on the date of
examination she was pregnant and date of birth of the victim is
03.01.2012 which suggests that on the date of occurrence she
was minor.
6. Considering the aforesaid facts, I am not inclined to
enlarge the petitioner on bail in connection with Mahila
P.S.Case No. 38 of 2025, pending in the court of learned
Exclusive Special Court of POCSO-cum-District and Additional
Patna High Court CR. MISC. No.87408 of 2025(6) dt.30-03-2026
3/3
Sessions Judge-VI, Bhagalpur.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
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