Patna High Court
Mantu Kumar Mehta @ Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to strict conditions.
Summary
Mantu Kumar Mehta was arrested on 8 January 2026 in connection with a POCSO case alleging kidnapping of the informant's minor daughter for begging, with charges under several IPC sections and Sections 8 and 17 of the POCSO Act. The petitioner pleaded that he has a clean record, the allegations are fabricated, and that he had married the victim, who later gave birth to a child. He sought bail, arguing false implication, while the informant and the State opposed the relief. The Court examined the seriousness of the offences, the petitioner's claims, and the need to ensure trial cooperation. It granted bail on a Rs.10,000 bond with two sureties, imposing conditions including the victim’s participation as a bailor, mandatory court appearances, and provisions for cancellation upon tampering or concealment of antecedents.
Issues considered
- Whether bail should be granted to the accused in a POCSO case involving kidnapping and multiple serious offences.
- Whether the petitioner's claim of marriage to the victim and alleged clean antecedent affect the bail decision.
Legislation cited
- Indian Penal Code — s. 323, 341, 363A, 366A, 368, 385, 504, 506/34
- Protection of Children from Sexual Offences Act — s. 17, 8
Subjects
- bail
- POCSO
- kidnapping
- child sexual offences
- marriage claim
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23419 of 2026
Arising Out of PS. Case No.-472 Year-2022 Thana- CHHATAPUR District- Supaul
======================================================
Mantu Kumar Mehta @ Mantu Kumar S/O Ratan Mehta Resident of Village-
Hasanpur, Ward No. 01, P.S- Chaatapur, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXXX M/O Punam Devi, W/O Jhabar Mehta Resident of Village-
Hasanpur, Ward No. 01, P.S- Chaatapur, District- Supaul.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Advocate
For the Informant : Mr. Vijay Kumar Das, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 10-07-2026 Heard Mr. Kamal Kishore Singh, learned counsel for
the petitioner, Mr. Vijay Kumar Das, learned counsel for the
Informant and Mr. Mohammed Arif, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
08.01.2026, in connection with POCSO Case No. 97 of 2022
arising out of Chhatapur P.S. Case No. 472 of 2022, F.I.R. dated
20.12.2022 registered for the offences punishable under
Sections 341, 323, 363A, 366(A), 368, 385, 504, 506/34 of the
Indian Penal Code and Sections 8/17 of the POCSO Act.
3. Allegation against the petitioner is that he
kidnapped the informant’s minor daughter for the purpose of
using her for begging.
Patna High Court CR. MISC. No.23419 of 2026(3) dt.10-07-2026
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4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
He further submits that in fact the petitioner was in love with the
victim girl and petitioner has performed the marriage with the
victim and the victim is living in the house of the petitioner as
his wife. He further submits that the victim has conceived and
gave birth to a female child on 12.05.2026. He further submits
that the police after investigation submitted chargesheet against
the petitioner and the petitioner is in custody since 08.01.2026.
5. Learned counsel for the Informant as well as
learned Additional Public Prosecutor for the State, on the other
hand, vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned District & Additional Sessions Judge VI cum Special
Judge Exclusive POCSO Court, Supaul in connection with
.POCSO Case No. 97 of 2022 arising out of Chhatapur P.S.
Patna High Court CR. MISC. No.23419 of 2026(3) dt.10-07-2026
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Case No. 472 of 2022 , subject to the following conditions :-
(1) One of the bailors should be the victim, namely,
Sunita Kumari.
(2) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(3) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(4) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
Patna High Court CR. MISC. No.23419 of 2026(3) dt.10-07-2026
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