Prakash Mandal @ Prakash Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85061 of 2025 Arising Out of PS. Case No.-263 Year-2025 Thana- KASBA District- Purnia ====================================================== Prakash Mandal @ Prakash Kumar Mandal Son of Hagru Mandal R/o Village - Bareta, Ward no. 6, P.S. - Kasba, Dist. - Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Kasba P.S. Case No. 263 of 2025 registered for the offence punishable under Sections 137(2), 64, 352, 351(2) of the B.N.S., 2023.
3. The case of the prosecution in short is that the petitioner has forcefully taken away the informant to Andhra Pradesh, there he established physical relationship with her. It is further alleged that the petitioner has also sold the jewellery of the informant, but she returned anyhow.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.85061 of 2025(2) dt.16-12-2025 2/3 committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that from perusal of the FIR, it is evident that the date of occurrence is 23.08.2025, whereas the FIR has been lodged on 06.09.2025; there is a delay of 14 days in filing the FIR. It has also been submitted that from perusal of the order of the learned trial court, it is clear that she has stated in her statement under Sections 180 and 183 of the BNSS that the petitioner has forcefully kidnapped her and has committed rape with her. He further submits that there is no medical examination of the victim and the delay in filing the FIR is not explained. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 07.09.2025.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief
Patna High Court CR. MISC. No.85061 of 2025(2) dt.16-12-2025 3/3 Judicial Magistrate, Purnea in connection with Kasba P.S. Case No. 263 of 2025.
(Ashok Kumar Pandey, J) Sudhanshu/- U T