Patna High Court
Maina MahtoversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act — s. 183, 64, 65
- Protection of Children from Sexual Offences Act — s. 4, 6
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
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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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