Kanhaiya Kumar @ Kanhaiya Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82579 of 2025 Arising Out of PS. Case No.-116 Year-2025 Thana- Sonki District- Darbhanga ====================================================== Kanhaiya Kumar @ Kanhaiya Mandal, S/O Late Suresh Mandal, R/O Village- Jafra, P.S.- Sonki, District-Darbhanga ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girish Chandra Jha, Advocate For the State :
Mr.Rajiv Nayan, APP For the Informant :
Mr. Ratanakar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. In the present case, the petitioner seeks bail in connection with Sonki P.S. Case No. 116 of 2025, registered for the alleged offences under Sections 64, 303(2), 352, 351(2)(3) of BNS and Section 66E of IT Act.
3. As per the prosecution case, finding the informant alone in her house, the petitioner committed rape with her. Thereafter, he started blackmailing her and extorted money from the informant. The petitioner also took away the gold earrings of the informant. Lastly, on 13.08.2025, the petitioner again entered into the house of the informant in the night and tried to commit rape with her.
Patna High Court CR. MISC. No.82579 of 2025(3) dt.11-02-2026 2/3
4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The allegation of rape is one year prior to the lodging of the present FIR. But, at that time, the informant did not make any such complaint. The story of the prosecution is not believable as there is land dispute between the cousin of the petitioner and relative of the informant and in order to help the relative, the informant has lodged this case. The petitioner is in custody since 15.08.2025 and is having clean antecedent. The charge sheet has been submitted.
5. The learned APP vehemently opposes the submission made on behalf of the petitioner.
6. The learned counsel for the informant submits that the husband of the informant stayed outside in connection with his work and the petitioner committed rape with her finding her alone and, thereafter, started blackmailing her. In her statement recorded under Sections 180 and 183 of BNSS, the informant has supported her case against the petitioner.
7. Having regard to the nature of allegation which is quite serious, I am not inclined to enlarge the petitioner on bail. Hence, his prayer for grant of bail is rejected.
8. However, the learned trial court is directed to
Patna High Court CR. MISC. No.82579 of 2025(3) dt.11-02-2026 3/3 expedite the trial and conclude the same at the earliest.
9. At the same time, the Senior Superintendent of Police, Darbhanga is directed to ensure the presence of the prosecution witnesses on the dates fixed before the learned trial court. In case, the Senior Superintendent of Police fails to produce the witnesses on the dates fixed, he will be called before this Court to explain the circumstances. (Arun Kumar Jha, J) V.K.Pandey/- U T