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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45595 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- CHAUSA District- Madhepura ======================================================
1. Tuntun Mandal S/o Late Bindeshwar Mandal @ Late Bindeshwari Mandal R/o Vill- Lakshminiya Tola, Ward No. 13, P.S.- Chausa, Distt- Madhepura
2. Muski Kumar @ Muskan Kumar S/o Tuntun Mandal R/o Vill- Lakshminiya Tola, Ward No. 13, P.S.- Chausa, Distt- Madhepura
3. Sharda Mandal @ Sard Mandal D/o Tuntun Mandal R/o Vill- Lakshminiya Tola, Ward No. 13, P.S.- Chausa, Distt- Madhepura
4. Nanda Mandal @ Narad Mandal @ Narda Mandal D/o Tuntun Mandal R/o Vill- Lakshminiya Tola, Ward No. 13, P.S.- Chausa, Distt- Madhepura ... ... Petitioner/s Versus
1. The State of Bihar
2. Renu Devi W/o Manikchand Paswan R/o Vill- Lakshminiya Tola, W. No. 13, P.S.- Chausa, Distt- Madhepura ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Nafisu Zzoha For the Opposite Party/s : Mrs.Usha Kumari 1 Mr.Durgesh Kumar, Adv.for OP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 09-02-2026 Earlier, vide order dated 28.07.2025, this petition already stood dismissed as withdrawn in respect of petitioner no. 2 (Muski Kumar @ Muskan Kumar). 2. Heard learned counsel for the petitioners, learned Special P.P. and learned counsel for the informant/O.P.No.2. 3. The petitioners (i.e. petitioner nos. 1, 3 & 4) apprehend their arrest in a case registered for the offence under Sections 115(2), 126(2), 303(2), 351(2) of the B.N.S., 2023, Sections 3(i)(r), 3(i)(s), 3(i)(w) of the SC/ST Act and Section 8
Patna High Court CR. MISC. No.45595 of 2025(5) dt.09-02-2026 2/3 of the POCSO Act. 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Specific accusation is against co-accused Muski Kumar and petitioners have been made accused merely because they happen to be family members of co-accused Muski Kumar. The victim, in her statement recorded under Section 183 of B.N.S.S., has also alleged that it was co-accused Muski Kumar, who tried to commit rape upon her. She has neither named nor alleged any wrong against these petitioners. 5. Learned counsel for the opposite party no. 2 has opposed the prayer for anticipatory bail. 6. Considering the statement of the victim recorded under Section 183 B.N.S.S., the prayer for anticipatory bail of petitioners is allowed. 7.
Accordingly, in the event of arrest/surrender before the Trial Court within a period of eight weeks from today, let petitioner no. 1, 3 & 4, above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. VI-cum-Special Judge (POCSO Act), Madhepura in connection with Chausa P.S. Case No. 97 of 2025, subject to
Patna High Court CR. MISC. No.45595 of 2025(5) dt.09-02-2026 3/3 condition as laid down under Section 482 of the B.N.S.S., 2023. 8. This bail application is accordingly disposed of. anay (Prabhat Kumar Singh, J) U T