Patna High Court
Bapi MahaldarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail cannot be granted given the serious nature of the alleged offences.
Summary
The petitioner, Bapi Mahaldar, applied for anticipatory bail fearing arrest in a case (PS Case No.168 of 2024) involving alleged molestation of a minor, video recording of the act, and threats to make the video public. He is charged under several sections of the B.N.S., 2023, including offences related to sexual assault and intimidation. The court examined the seriousness of the allegations and the potential impact on the victim. Considering the gravity of the charges and the nature of the alleged conduct, the judge was not inclined to grant anticipatory bail. Consequently, the bail application was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in light of the alleged molestation and related offences
- Whether the seriousness of the allegations justifies denial of anticipatory bail
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 127(2), 3(5), 351(2), 351(3), 352, 75, 79
Subjects
- anticipatory bail
- molestation
- minor
- video recording
- threat
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51085 of 2025
Arising Out of PS. Case No.-168 Year-2024 Thana- AMDABAD District- Katihar
======================================================
Bapi Mahaldar S/o Ajay Mahaldar @ Ajay Mahalder @ Ajoy Mahaldar R/O
Village- Mathurapur Karki, P. s- Manik Chak, District- Malda (W.B.)
... ... Petitioner
Versus
1. The State of Bihar
2. Kajal Devi W/o Ramkumar Mahaldar R/o vill - Mayamari, P.S.- Amdabad,
Distt.- Katihar
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Rajendra Prasad Sah, Advocate
For the State : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-02-2026 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in
connection with Amdabad P.S. Case No.168 of 2024 for the
offence under sections 126(2) / 127(2) / 115(2) / 75 / 79 / 352 /
351(2)/351(3)/3(5) of the B.N.S., 2023.
3. The petitioner is accused of molesting the
minor victim girl and video-graphed the same and threatening
her that he will make her photograph viral.
4. Considering the nature of allegation levelled
against the petitioner, I am not inclined to grant anticipatory bail
to the petitioner. Accordingly, this bail application is dismissed.
(Sandeep Kumar, J)
pawan/-
U T
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