Patna High Court
Santosh MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied to the petitioner.
Summary
Santosh Mahto was arrested in connection with a case alleging molestation of a nine‑year‑old child, with the child’s statement recorded under Section 183 of the Criminal Procedure Code. The petitioner sought regular bail for offences under IPC Sections 126(2), 74, 76, 75(2), 351(3), 352 and POCSO Act Sections 4 and 6. The court examined the seriousness of the alleged sexual offence against a minor and the risk to the victim and society. Considering the gravity of the charges and the protection of the child, the court was not inclined to grant bail. Consequently, the application for regular bail was rejected.
Issues considered
- Whether regular bail can be granted to an accused charged with molestation of a minor under the IPC and POCSO Act
Legislation cited
- Indian Penal Code — s. 126(2), 351(3), 352, 74, 75(2), 76
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- regular bail
- child molestation
- POCSO Act
- IPC
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66194 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- BAKHARI District- Begusarai
======================================================
Santosh Mahto S/O Late Mantoon Mahto R/O Village- Bakhri, Ward No. 6,
P.S.- Bakhri, District- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Khushbu Devi W/O Sanjay Sao R/O Village- Bakhri Salona, Ward No. 06,
P.S.- Bakhri, District- Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sameer Darshan
Ms. Kumari Sujata SInha
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 25-03-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bakhri P.S. Case No. 57 of 2025, registered for the offences
under Sections 126(2), 74, 76, 75(2), 351(3), 352 of the Indian
Penal Code, and Section 4/6 of the POCSO Act.
3. The petitioner is alleged to have molested a nine-
year-old child. The child has supported the allegation in her
statement recorded under Section 183 BNSS. The petitioner is
in custody since 25.02.2025.
4. In view of the allegation of molesting a nine-year-
old child, this Court is not inclined to grant regular bail to the
Patna High Court CR. MISC. No.66194 of 2025(4) dt.25-03-2026
2/2
petitioner.
5. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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