Mithilesh Mandal @ Mithlesh Mandal Vs The State… — Child Sexual Offences (POCSO) | Patna HC (2025)

Mithilesh Mandal @ Mithlesh Mandal Vs The State… — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, (POCSO Act) Darbhanga in connection with Sonki P.S. Case No.50 of 2024.

Issue for consideration

Whether the petitioner, in custody since 17.08.2024 in Sonki P.S. Case No. 50 of 2024 for offences under Sections 126(2), 96, 352 and 3(5) of the BNS, should be released on bail.

Court's answer

On perusal of the First Information Report, case diary and impugned order dated 28.01.2025, the Court found that the victim girl had gone with the petitioner of her own sweet will, as evident from her statement recorded under Section 183 of BNSS, and there was no allegation of sexual assault upon the victim by the petitioner.

Ratio / Principle

Considering all aspects of the case and the submissions of learned counsel for the petitioner, the petitioner was directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, (POCSO Act) Darbhanga in connection with Sonki P.S. Case No.50 of 2024.

Detailed headnote1 paragraphs

Bail granted (Patna High Court, 02-07-2025, Ramesh Chand Malviya, J). Petitioner, in custody since 17.08.2024 in Sonki P.S. Case No. 50 of 2024 (Thana Sonki, District Darbhanga) registered for offences under Sections 126(2), 96, 352 and 3(5) of the BNS over alleged kidnapping of the informant's daughter, was released on bail. On perusal of the FIR, case diary and impugned order dated 28.01.2025, the Court found from the victim's statement recorded under Section 183 of BNSS that she had gone with the petitioner of her own sweet will, and that there was no allegation of sexual assault upon her by the petitioner. Chargesheet had been submitted and no criminal antecedent was stated. Petitioner ordered released on bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, (POCSO Act) Darbhanga.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16277 of 2025

Arising Out of PS. Case No.-50 Year-2024 Thana- Sonki District- Darbhanga

======================================================

Mithilesh Mandal @ Mithlesh Mandal S/o Satyanarayan Mandal @ Satya Narain Madal R/O Chikni Daha Tol, P.S - Sonki, District - Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

Sajan Mahto S/o Mahendra Mahto R/o vill - Chikni, P.S.- Sonki, Distt.Darbhanga

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishor Prasad, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

4 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is in custody in a case registered for the offence under Section 126(2), 96, 352, 3(5) of the BNS.

As per the prosecution case, it is alleged that petitioner had kidnapped the daughter of the informant.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that from perusal of the statement recorded under Section 183 of BNSS, it appears that the victim girl has stated that she had gone with the petitioner from her house at about 11 P.M at her own sweet will and no one forced her for leaving her house. He further submits that there is not any allegation of sexual assault upon the victim girl by the

Patna High Court CR. MISC. No.16277 of 2025(4) dt.02-07-2025 2/2

petitioner. He next submits that chargesheet has already been submitted for conclusion of the investigation. He next submits that petitioner is in custody since 17.08.2024 and has got no criminal antecedent as stated in para-3 of the bail petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

On perusal of the First Information Report, case diary and impugned order dated 28.01.2025, it appears that the victim girl has gone with the petitioner with her own sweet will which is evident from her statement recorded under Section 183 of BNSS and there is not any allegation of sexual assault upon the victim by the petitioner. So, considering all aspects of the case and submission of learned counsel for the petitioner, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, (POCSO Act) Darbhanga in connection with Sonki P.S. Case No.50 of 2024.

(Ramesh Chand Malviya, J)

Harshita/- U T