Patna High Court
Santosh Mandal @ Santosh Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail should be granted to the petitioners subject to the conditions prescribed under Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioners, Santosh Mandal and Phoolwati Devi, parents of a minor accused of attempted rape, feared arrest in a case registered under multiple provisions of the BNS, the POCSO Act and the SC/ST Act. They contended that they were falsely implicated solely because of their relationship to the accused and highlighted a 17‑day delay in filing the FIR. The High Court examined whether the delay and the nature of the allegations warranted denial of bail. Relying on the provisions of Section 438(2) of the CrPC and Section 482 of the BNSS, the Court found no substantive ground to refuse bail. Consequently, the application for bail was allowed, subject to a bond of Rs.10,000 with two sureties and compliance with the conditions prescribed by the lower court. The petitioners were directed to surrender within four weeks to obtain the bail order.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the BNS, POCSO Act and SC/ST Act.
- Whether the 17‑day delay in lodging the FIR is a ground to deny bail.
- Whether mere parental relationship to the accused suffices to justify pre‑trial detention.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- bail
- SC/ST Act
- POCSO Act
- delay in FIR
- false implication
- pre‑trial detention
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88634 of 2025
Arising Out of PS. Case No.-5 Year-2025 Thana- SC/ST District- Madhepura
======================================================
1. Santosh Mandal @ Santosh Kumar Mandal Son of Sri Yogendra Mandal
Resident of Village- Bidiranpal, Ward No. 03, P.S.- Udakishunganj, District-
Madhepura
2. Phoolwati Devi Wife of Sri Santosh Mandal Resident of Village- Bidiranpal,
Ward No. 03, P.S.- Udakishunganj, District- Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XX Wife of YY Resident of Village- Madhukarchak, Bhitta Tola, Ward No.
08, (Rajak Tola), P.S.- Bihariganj, District- Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Singh
For the Opposite Party/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Madhepura SC and ST P.S. Case No.
51150182500005 registered for the offence under Sections
126(2), 115, 76, 352, 351(2), 351(3) and 3(5) of the BNS, under
Section 8/12 of the POCSO Act and under Section 3(1)(r), 3(1)
(s), 3(1)(w), 3(2)(va) of the SC and ST Act.
3. As per the prosecution case, the petitioners are
the father and mother of one Raunak Kumar, who is said to have
tried to commit rape with the minor victim.
Patna High Court CR. MISC. No.88634 of 2025(2) dt.15-01-2026
2/2
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they falsely
been implicated in this case only because of the fact that they
are parents of Raunak Kumar. He next submits that the FIR has
been lodged after a delay of 17 days.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned District
and Additional Sessions Judge-VI-cum-Special Judge,
Madhepura in connection with Madhepura SC and ST P.S. Case
No. 51150182500005, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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