Created by Fuzzy Cloud

Patna High Court

Kailash Kumar Mandal @ Kailash Mandal @ Kailas MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in the absence of any prima facie material supporting the allegation of illegal medical termination of pregnancy, the petitioner is entitled to bail.

Summary

The petitioner, Kailash Kumar Mandal, was named in an FIR alleging that he caused the illegal medical termination of pregnancy of his own daughter, who is about 19 years old. The petitioner contended that the allegation is false, arising from a dispute with the daughter’s alleged lover, and that no documentary evidence supports the claim. The State opposed bail, but did not dispute the factual background presented by the petitioner. The court examined the FIR, the lack of prima facie evidence of an abortion, and the history of prior cases involving the daughter and the alleged lover. Considering the absence of material to sustain the charge and the petitioner’s clean antecedents, the court ordered his release on bail with a bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order reflects the principle that bail may be granted when the prosecution fails to establish a prima facie case.

Issues considered

  • Whether the petitioner is entitled to bail under Section 438 CrPC/Section 482 BNSS in view of the allegations of illegal medical termination of pregnancy.
  • Whether the FIR discloses any prima facie material to sustain the charge against the petitioner.

Legislation cited

Subjects

  • bail
  • medical termination of pregnancy
  • prima facie case
  • false allegations
  • Criminal Procedure Code
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita
  • POCSO

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.87445 of 2024
                      Arising Out of PS. Case No.-168 Year-2024 Thana- CHAUSA District- Madhepura
                 ======================================================
                 Kailash Kumar Mandal @ Kailash Mandal @ Kailas Mandal, Son of Late
                 Mogal Mandal, presently R/o Mohalla-Lakshmipur Bhitta, Ward No.9,
                 Bisaharia Gol, P.S.- Raghuvans Nagar, Dist.-Purina, residing at Mohalla-
                 Nathpur, Sirsiya, (Navtoliya), Ward No. 13, P.S.- Raghuvans Nagar, Dist-
                 Purnea
                                                                           ... ... Petitioner
                                                   Versus

           1.    The State of Bihar
           2.     Soni Kumari, D/o Shri Kailash Mandal, R/o Laxmipur Bhita, Barhara Katri,
                  P.S.- Raghuvansh Nagar, District- Purnea
                                                                    ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner       :       Mr. Jagjit Roshan, Advocate
                                                  Mr. Anjani Kumar, Advocate
                                                  Mr. Shashank Shekhar, Advocate
                                                  Mr. Jayant Kumar Ray, Advocate
                 For the State            :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   08-01-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                  2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Chausa P.S. Case

                   No.168 of 2024 registered under Sections 126(2), 115(2),

                   89, 62 and 318(4) of the Bhartiya Nyaya Sanhita, 2023 (in

                   short ‘B.N.S.’).

                                  3. Allegation against petitioner is to cause Medical

                   Termination of Pregnancy (NTP) of the informant, who is
Patna High Court CR. MISC. No.87445 of 2024(4) dt.08-01-2026
                                            2/4




          none but his daughter aged about 19 years as per FIR.

                       4. It is submitted by learned counsel appearing for

          petitioner that the date of birth of daughter of petitioner as

          per school certificate is 01.01.2008. It is pointed out that she

          was instigated by one Pradesh Mandal @ Jyotish Kumar and

          was eloped in the year 2023 itself for which, on first occasion,

          Barhara (Raghuvansh Nagar) P.S. Case No.312 of 2023 was

          lodged by petitioner being father of informant. It is pointed

          out that in that case the informant was released in favour of

          petitioner but, again she left home and joined the company of

          Pradesh Mandal (accused of another case) for which another

          FIR lodged as Barhara P.S. Case No.420 of 2023 under

          different provisions of POCSO Act, where again, victim was

          released in favour of petitioner being natural guardian. Again,

          on third occasion, she left the home of petitioner and joined

          the company of Pradesh Mandal @ Jyotish Kumar, for which

          Chausa P.S. Case No. 167 of 2024 was lodged, where after

          the recovery, she refused to join the petitioner and,

          thereafter, she was sent to Observation Home, observing that

          on the date of occurrence, she was minor. It is submitted that
Patna High Court CR. MISC. No.87445 of 2024(4) dt.08-01-2026
                                            3/4




          in all such backgrounds and as informant was rigid to live with

          Pradesh Mandal @ Jyotish Kumar, who is accused of all

          aforesaid three cases, the present false case was lodged

          against petitioner, who is none but the father upon instigation

          of Pradesh Mandal. It is submitted that the allegation of MTP

          is completely false and just to aggravate the allegation. It is

          pointed out that no document in support of aforesaid

          allegation was pressed by informant and the present case

          appears lodged only upon instigation of accused Pradesh

          Mandal @ Jyotish Kumar, making instrumental the informant

          with whom informant is rigid to continue her married life. The

          petitioner claimed clean antecedent.

                       5. Learned APP for the State while apposing the

          prayer of bail submitted that the allegation is specifically

          available against this petitioner but, could not disputed the

          aforesaid factual submissions.

                       6. In view of aforesaid factual submissions and by

          taking note of backgrounds, as discussed aforesaid, in which

          the present case was lodged by informant, who is none but

          the daughter of petitioner, coupled with the fact that prima
           Patna High Court CR. MISC. No.87445 of 2024(4) dt.08-01-2026
                                                       4/4




                     facie nothing available on record in support of allegation qua

                     abortion, accordingly, the petitioner, above-named, in the

                     event of his arrest or surrender in the court below within a

                     period of four weeks from today, is directed to be released 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    the     learned      S.D.J.M.,   Udakishunganj,

                     Madhepura in connection with Chausa P.S. Case No.168 of

                     2024, subject to the conditions as laid down under Section

                     438(2) of the Code of Criminal Procedure (in short

                     ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik

                     Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                             (Chandra Shekhar Jha, J.)
    Sanjeet/-

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.