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Patna High Court

Maina MahtoversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court held that bail could not be granted in view of the serious nature of the offences and the evidentiary material.

Summary

Maina Mahto was arrested on 13 September 2024 in connection with a rape and threat to kill alleged under Sections 64 and 65 of the Bihar Narcotic Substances Act, 2023 and Sections 4 and 6 of the POCSO Act. The prosecution presented a victim’s statement recorded under Section 183 of the BNS Act and a medical report indicating sexual assault. The petitioner’s counsel argued that the FIR was fabricated, the petitioner has a clean record, and therefore bail should be granted. The court examined the seriousness of the offences, the corroborative medical evidence, and the risk of tampering with evidence. Concluding that the allegations were substantiated and the offences are non‑bailable, the court refused the bail application.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged rape and threat to kill under the BNS Act, 2023 and the POCSO Act.

Legislation cited

Subjects

  • bail
  • rape
  • POCSO
  • false FIR
  • medical evidence
  • threat to kill
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22460 of 2026
                       Arising Out of PS. Case No.-417 Year-2024 Thana- BANIAPUR District- Saran
                 ======================================================
                 Maina Mahto S/o Bhagwan Mahto R/o Village- Puchhari, PS- Baniyapur,
                 Dist.- Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X D/o Y R/o vill - Puchhari, P.S.- Baniyapur, Dist.- Saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nalin Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-04-2026                  Heard Mr. Nalin Kumar, learned counsel for the

                   petitioner and Mr. Mohammad Sufyan, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   13.09.2024 in connection with Baniyapur P.S. Case No. 417 of

                   2024, F.I.R. dated 12.09.2024 for the offences punishable under

                   Sections 64 and 65 of the BNS, 2023 and Section 4 and 6 of the

                   POCSO Act.

                               3. According to prosecution case, this petitioner has

                   committed rape upon the victim and also threatened to kill her if

                   she disclosed the said incident to anyone.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
            Patna High Court CR. MISC. No.22460 of 2026(2) dt.07-04-2026
                                                        2/2




                      implicated in the present case. He further submits that the

                      allegation as alleged in the FIR is false and fabricated and the

                      petitioner has not committed any offence as alleged in the FIR.

                                  5. The learned Additional Public Prosecutor has

                      vehemently opposed the prayer for bail of the petitioner and

                      submits that the statement of the victim has been recorded under

                      Section 183 of the BNSS, 2023 in which she has categorically

                      stated that the petitioner has committed rape upon her and apart

                      from that the medical report of the victim also suggest that the

                      petitioner has committed sexual assault against the victim.

                                   6. Considering the aforesaid facts and circumstances,

                      I am not inclined to enlarge the petitioner on bail in connection

                      with Baniyapur P.S. Case No. 417 of 2024 pending in the court

                      of learned Exclusive Special Additional Session Judge,

                      (POCSO) Saran, Chapra.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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