Patna High Court
Ajay Kumar Mahto @ Ajay MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court denied bail, holding that the seriousness of the alleged rape and the stage of the trial preclude granting bail at this time.
Summary
The Patna High Court considered the bail application of Ajay Kumar Mahto, who is charged under IPC sections 376, 457, 506, 120(B), Section 4 of the POCSO Act and several provisions of the SC/ST Act for the alleged rape of a minor. The prosecution presented medical evidence of a ruptured hymen, the victim's statements under Sections 161 and 164 of the Cr.P.C., and six prosecution witnesses, arguing the seriousness of the offence. The defence contended that the alleged victim was aged 19‑21, that there was no concrete evidence of rape, and that the accused had no prior criminal record. Citing a Supreme Court decision that courts should be reluctant to grant bail in serious offences once trial has commenced, the bench rejected the bail plea, allowing a re‑application after six months, and directed the trial court to expedite the trial under Section 35 of the POCSO Act.
Issues considered
- Whether bail should be granted to an accused in a serious offence of rape of a minor at the stage of trial.
- Whether the medical findings and victim's statements constitute sufficient grounds to deny bail.
- Application of Section 35 of the POCSO Act for speedy trial.
Legislation cited
- Criminal Procedure Code — s. 161, 164
- Indian Penal Code — s. 120(B), 376, 457, 506
- Protection of Children from Sexual Offences Act — s. 35, 4
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v), 3(2)(va), 3(i)(r)(s)
Subjects
- bail
- rape
- minor
- POCSO Act
- medical evidence
- serious offence
- trial stage
- SC/ST Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1612 of 2026
Arising Out of PS. Case No.-32 Year-2023 Thana- MAHILA P.S. District- Kishanganj
======================================================
Ajay Kumar Mahto @ Ajay Mahto S/o- Lakhan Dev Mahto Village- Lamba
Basti Chakla Ghat ward No 01 PS and Distt- Kishanganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. Phool Kumari Devi W/o- Suraj Mirdha R/v- Balubari Chakla Ghat Po-
Chakla Ghat Ps Dist- Kishanganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Om Prakash Om, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kishanganj Mahila P.S. Case No. 32 of 2023 registered for
the offence punishable under Sections 376, 457, 506, 120(B) of
the Indian Penal Code, Section 4 of POCSO Act and Sections
3(i)(r)(s), 3(2)(va) and 3(2)(v) of S.C./S.T. Act.
3. The case of the prosecution is that the petitioner has
committed rape with the minor daughter of the informant while
she was alone at her home.
4. It is submitted by learned counsel for the petitioner
that petitioner is innocent and has committed no offence. He has
been falsely implicated in the present case. Learned counsel for the
Patna High Court CR. MISC. No.1612 of 2026(4) dt.07-05-2026
2/3
petitioner has submitted that during course of investigation, her
age was assessed to be 19 to 21 years and that in medical
examination, it was found that possibility of sexual assault is
present. It has further been submitted that in such circumstances,
there is no concrete evidence of rape. Petitioner is having no
criminal antecedent and he is languishing in judicial custody since
01.08.2023.
5. Learned APP appearing for the state has opposed the
prayer of regular bail and submitted that in this case, the victim is
minor and from perusal of the medical examination report of the
victim, it will transpire that the doctor has opined that there is
possibility of sexual assault, hymen was found ruptured. It has
further been submitted that during investigation, victim has given
her statement under Sections 161 and 164 of the Cr.P.C. wherein
she has fully supported the case of the prosecution. From perusal
of the order of the learned trial Court, it transpires that during trail,
the victim has also supported the case of the prosecution. It also
transpires that altogether six prosecution witnesses have been
examined in this case.
6. Learned APP for the State has also relied on a
judgment of Hon’ble Apex Court in the case of X Vs. State of
Rajasthan & Anr passed in SLP(Criminal) No. 13378 of
2024 wherein in para- ‘14’, Hon’ble Apex Court has held which
Patna High Court CR. MISC. No.1612 of 2026(4) dt.07-05-2026
3/3
is being quoted hereunder:-
14. Ordinarily in serious offences like rape, murder,
dacoity, etc., once the trial commences and the prosecution
starts examining its witnesses, the Court be it the Trial
Court or the High Court should be loath in entertaining the
bail application of the accused.
7. Having heard the learned counsel for the parties and
considering the nature of allegation, this court is not inclined to
enlarge the petitioner on bail at this stage and, as such, his prayer
for bail stands rejected.
8. However, petitioner may renew his prayer for bail
after six months if the trial is not concluded.
9. Learned trial Court is directed to conclude the trail in
view of Section 35 of the POCSO Act.
(Ashok Kumar Pandey, J)
lata/-
U T
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