Patna High Court
Shiv Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioner is entitled to bail; the application for regular bail is allowed.
Summary
Shiv Kumar Mandal, the brother of the alleged perpetrator Ram Kumar Mandal, applied for regular bail in a case registered under sections 318(4) and 65 of the B.N.S. and section 4 of the POCSO Act concerning a forced sexual relationship and video extortion. The prosecution alleged that the victim was lured to a house, assaulted, filmed, and threatened, while the petitioner was said to have verbally abused the victim during a proposed Panchayati. The petitioner argued that he was falsely implicated, had a clean criminal record, and was only alleged to have participated in verbal abuse. The State opposed bail, but the court noted that no substantive charge was made against the petitioner beyond the verbal abuse and considered his antecedents. Consequently, the court ordered bail on a bond of Rs.10,000 with two sureties, allowing the petitioner's release. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner, Shiv Kumar Mandal, is entitled to regular bail despite the charges under the B.N.S. and POCSO Act.
- Whether the allegations against the petitioner constitute a cognizable offence warranting denial of bail.
- Whether the petitioner’s clean criminal antecedent and the nature of the alleged conduct justify bail.
Legislation cited
- B.N.S. — s. 318(4), 65
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 4
Subjects
- bail
- regular bail
- POCSO Act
- B.N.S.
- sexual assault
- video extortion
- criminal antecedent
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89273 of 2025
Arising Out of PS. Case No.-61 Year-2025 Thana- Dagmara District- Supaul
======================================================
Shiv Kumar Mandal Son of Ganga Prasad Mandal Resident of Village -
Kalapatti, Ward No 07, PS - Phulparas District - Madhubani, State - Bihar
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. X Daughter of Sadanand Mandal Resident of village- Rajpur Ward no. 01,
Ps- Dagmara, Dist- Supaul
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kuldeep Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State. Although the notice has been validly served
upon respondent No.2, there is no representation on his behalf.
2. The petitioner has preferred this application for
grant of regular bail in connection with Dagmara P.S. Case No.
61 of 2025 registered for the offences punishable u/s 318(4) and
65 of the B.N.S., and Section 4 of the POCSO Act.
3. As per the prosecution case, on day of
Vishwakarma Puja, the victim went to one Renu Devi’s house
where brother of Renu Devi, namely, Ram Kumar Mandal was
present and Renu Devi introduced the victim to her brother and
offered her to sit in house, thereafter, she closed the door. It is
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further alleged that Ram Kumar Mandal forcibly established
physical relationship with the informant and also made a video
of the incident and threatened that if she narrated the incidence
to anyone, the video would be circulated on social media.
Subsequently, marriage was proposed to be solemnized with
Ram Kumar mandal but the family member demanded money to
the tune of Rs. 10,00,00/- for the performance of the said
marriage.
4. Learned counsel for the petitioner has submitted
that the petitioner happens to be the brother of Ram Kumar
Mandal and has falsely been implicated in this case. It has
further been submitted that the statement of the victim girl was
recorded under Section 164 of Cr. P.C., wherein the entire
allegation is against Ram Kumar Mandal except the fact that
when Panchayati was proposed to be convened between the
parties, this petitioner, who is the brother of Ram Kumar
Mandal, along with his sister Renu Devi verbally abused the
victim and her family. It is also submitted that the petitioner has
clean criminal antecedent and is in custody since 21.09.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
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parties and also the fact that nothing has been alleged against
the petitioner except the factum of abusing the victim and her
family member, let the petitioner above-named, be enlarged on
bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Court concerned, Supaul, in connection
with Dagmara P.S. Case No. 61 of 2025.
7. Accordingly, the application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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