Md. Tunna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1145 of 2026 Arising Out of PS. Case No.-102 Year-2025 Thana- MANIYARI District- Muzaffarpur ====================================================== Md. Tunna S/o Md. Kayum @ Md. Qayyum R/o Village - Chainpur, P.S - Maniyari, District - Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
X W/o Y R/o Village - Chainpur, P.S - Maniyari, District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratneshwar Prasad For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-03-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with Maniyari P.S. Case No. 102 of 2025 registered for the offence under Section 351(2), 3(5), 64 of the BNS and under Section 4/6 of the POCSO Act.
3. As per the prosecution case, the petitioner is accused of committed rape with the victim.
4. The petitioner is in custody since 9.4.2025. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the FIR has been lodged after a delay of 41 days and the same has not been explained. He next submits that
Patna High Court CR. MISC. No.1145 of 2026(3) dt.24-03-2026 2/2 the prosecution and the accused side are agnates and there is land dispute between the parties. He also submits that the medical report does not support the prosecution case.
5. Learned counsel for the informant has vehemently opposed the prayer of the petitioner.
6. Considering medical report and the delay in lodging the FIR, this application is allowed.
7. Let the petitioner, above named, 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 Concerned Court where the case is pending in connection with Maniyari P.S. Case No. 102 of 2025 / POCSO G.R. No. 160 of 2025.
(Sandeep Kumar, J) Vikas/- U