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Patna High Court

Ghuran Mahto @ Ghuran MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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