Patna High Court
Ghuran Mahto @ Ghuran MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to bond and surety conditions.
Summary
Ghuran Mahto petitioned for regular bail in a case (PS Singhiya No.128 of 2024) alleging kidnapping and attempted rape of a minor, charged under Sections 126(2), 115(2), 74, 76, 352 of the BNS and Section 8 of the POCSO Act. The petitioner claimed innocence, citing contradictory victim statements and a disputed pathway issue, and highlighted that he had been in custody for about a year. The State opposed bail, asserting no such dispute existed and emphasizing the seriousness of the offences. The court examined the contradictions, the length of pre‑trial detention, and the lack of clear evidence of a pathway dispute. It ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to his cooperation in the trial.
Issues considered
- Whether bail should be granted in a case involving kidnapping and attempted rape of a minor under the POCSO Act and other serious offences
- Whether the contradictory statements of the victim and the alleged pathway dispute justify bail
- Whether the petitioner’s prolonged pre‑trial custody warrants release on bail
Legislation cited
Subjects
- bail
- kidnapping
- attempted rape
- minor
- POCSO Act
- contradictory statements
- pathway dispute
- pre‑trial detention
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54993 of 2025
Arising Out of PS. Case No.-128 Year-2024 Thana- SINDHIYA District- Samastipur
======================================================
Ghuran Mahto @ Ghuran Mandal S/o- Ramu Mahto Resident of Village-
Rampur Bahor PS-Singhiya, Dist- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Poonam Devi W/o- Bilash Mandal Village- Kaina Ps- Singhiya Dist-
Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Adv.
For the State : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 04-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Singhiya P.S. Case No. 128 of 2024, registered for
the offences punishable under Sections 126(2), 115(2), 74, 76, 352 of
the BNS and Section 8 of the POCSO Act.
3. The allegation against the petitioner is that he
kidnapped the minor daughter of the informant and attempted to
commit rape upon her.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated. The
statement of the victim in her fard beyan and under Section 164 of
the Cr.P.C. are contradictory. In written report, the mother of the
victim has stated that the petitioner himself untied the victim whereas
Patna High Court CR. MISC. No.54993 of 2025(6) dt.04-02-2026
2/2
the victim states that her sister came and rescued her. Learned
counsel, by drawing my attention towards the panchnama i.e.
annexure- P/2, has submitted that there is dispute regarding pathway
between the informant and the petitioner. The petitioner has remained
under custody for near about a year.
5. On the other hand, the learned APP for the State and
the learned counsel for the informant have opposed the prayer for
bail and submitted that there is no land dispute or pathway dispute
between the parties. The panchnama is not admitted by the
informant.
6. Considering the above-mentioned facts and
circumstances especially the fact that petitioner has remained under
custody for near about a year, let the petitioner above-named be
released on bail on furnishing bail bonds of Rs.10,000/- with two
sureties of the like amount each to the satisfaction of learned
Additional Session Judge-VI-cum-Special Court POCSO, Samastipur
in connection with Singhiya P.S. Case No. 128 of 2024, subject to the
condition that the petitioner shall cooperate in the disposal of trial
and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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