Mantu @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73035 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- SINDHUGAR District- Gaya ====================================================== Mantu @ Mantu Kumar S/o Rajo Yadav @ Rajendra Yadav R/o Village - Sindhugarh, P.S - Sindhugarh, District - Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X D/o Y R/o Village - Sindhugarh, P.S - Sindhugarh, District - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-11-2025 Heard the parties.

2. The petitioner seeks bail in connection with Sindhugarh P.S. Case No. 75 of 2025 registered for the offence under Sections 70(1) of BNS, Section 67B of IT Act and Section 4 of POCSO Act.

3. The petitioner is named in the F.I.R. and is in custody since 28.06.2025.

4. As per FIR, co-accused Sajan Kumar committed rape upon the informant/ victim aged about 17 years which was video-graphed by one co-accused namely, Binod Kumar and this petitioner. It is alleged that Binod Kumar also demanded sex from informant as not to make viral the video

Patna High Court CR. MISC. No.73035 of 2025(2) dt.04-11-2025 2/3 of the occurrence captured by them.

5. Learned counsel appearing on behalf of the petitioner submitted that while recoding her statement victim categorically affirmed her relation with co-accused Sajan Kumar that she was in love with him. It is pointed out that the demand of sex was not made by this petitioner and even as per the statement of victim recorded under Section 183 of the BNSS, the allegation of making video viral is available against the cousin brother of the victim namely, Pramod Kumar. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposed the prayer of bail.

7. In view of aforesaid factual submission and by taking note of fact as statement of victim as recorded under Section 183 of the BNSS, where prima-facie allegation of penetrative sexual assault and further the allegation of making video of occurrence viral is not available against this

Patna High Court CR. MISC. No.73035 of 2025(2) dt.04-11-2025 3/3 petitioner, coupled with fact that investigation of this case already completed where petitioner remains in custody since 28.06.2025, accordingly petitioner above named, is directed to be released on bail in connection with Sindhugarh P.S. Case No. 75 of 2025 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge POCSO cum district and Addl. Sessions Judge VII, Gaya Ji /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T