Patna High Court
Kailash Kumar Mandal @ Kailash Mandal @ Kailas MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 318(4), 62, 89
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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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
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