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Patna High Court

Bapi MahaldarversusThe State of Bihar

Decided
Disposal
DISMISSED

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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