Mithun Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68474 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- PANJWARA District- Banka ====================================================== Mithun Das S/O Sanjiv Das R/O Village- Maratikar, P.S- Panjwara, DistrictBanka, State- Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babulal Das S/O Nepali Das R/O Village- Maratikar, P.S- Panjwara, Distt.- Banka, State- Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Sahay, Advocate Ms.Rupa Sinha, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Panjwara P.S. Case No. 57/2025 registered for the offences punishable under Sections 126(2), 115(2), 74, 75, 76, 77, 78, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the P.O.C.S.O.

3. As per the prosecution case, petitioner is accused of committing rape with the daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. Learned counsel further submits that from the statement of the victim girl it appears that the petitioner tried to commit rape with the victim after threatening her with a knife. Petitioner is a man with a clean

Patna High Court CR. MISC. No.68474 of 2025(5) dt.18-12-2025 2/2 antecedent and he is in custody since 16.05.2025. The petitioner undertakes to co-operate in the case/ trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, 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 Additional Sessions Judge-VI-cumSpecial Judge, POCSO, Banka/concerned Court below in connection with Panjwara P.S. Case No. 57 of 2025 subject to the following conditions:- (i) The petitioner after being released on bail, is directed to mark his attendance at Panjwara Police Station, DistrictBanka on every Sunday of the month. Any default in appearance at the Police Station will result in cancellation of bail bonds of the petitioner.

(ii) the petitioner after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the Trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner. (Sandeep Kumar, J) tusharika/- U T