Patna High Court
Mantu yadav @ Mantu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted as the allegations of attempt to rape a minor were deemed serious.
Summary
Mantu Yadav applied for anticipatory bail fearing arrest in a case registered under Section 74 of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO Act, where he is alleged to have attempted to rape a minor. The prosecution alleged that the petitioner attempted to commit rape on the minor victim. The Patna High Court examined whether anticipatory bail could be granted in such serious offences involving a child. Considering the gravity of the allegations, the Court declined to grant anticipatory bail and dismissed the application. The petitioner was directed to surrender within four weeks and seek regular bail before the lower court.
Issues considered
- Whether anticipatory bail can be granted to a person accused of attempt to rape a minor under Section 74 of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO Act
Legislation cited
- Bharatiya Nyaya Sanhita — s. 74
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- anticipatory bail
- attempt to rape
- POCSO Act
- Bharatiya Nyaya Sanhita
- minor victim
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34261 of 2025
Arising Out of PS. Case No.-53 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Mantu yadav @ Mantu Kumar Yadav S/O Rajendra yadav Resident of
village- Jagir Karariya, PS- Kotwa, district- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Tuli Yadav S/O Late Nemi Yadav Resident of village- Karariya Jagir, PS-
Kotwa, district- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the State : Mr.Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Kotwa P.S. Case No. 53 of 2025 instituted under Section
74 of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the
POCSO Act.
3. As per the prosecution case, the petitioner is
accused of committing an attempt to rape the minor victim.
4. Considering the allegation levelled against the
petitioner, I am not inclined to grant anticipatory bail to the
petitioner.
5. Accordingly, the application stands dismissed.
Patna High Court CR. MISC. No.34261 of 2025(8) dt.17-02-2026
2/2
6. The petitioner is directed to surrender within four
weeks from today in the Court below and pray for regular bail.
(Sandeep Kumar, J)
P. Kumar
U T
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