Patna High Court
Panchu Mahto @ Sonelal KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that, given the seriousness of the alleged offences, the petitioner does not deserve anticipatory bail.
Summary
The petitioner, Panchu Mahto, sought anticipatory bail after being implicated in a case (Baruraj P.S. Case No. 269 of 2023) for alleged rape of a 13‑year‑old girl. The prosecution alleged offences under Sections 376 and 385 of the Indian Penal Code and Sections 7 and 8 of the POCSO Act. The Patna High Court examined the seriousness of the allegations and the gravity of the offences. Concluding that the petitioner did not merit the privilege of anticipatory bail, the court rejected the application. The petitioner was ordered to surrender within two weeks and to apply for regular bail, failing which the police were directed to arrest him. The order was limited to the anticipatory bail application and does not prejudice later stages of the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of rape of a minor under IPC and the POCSO Act
Legislation cited
- Indian Penal Code — s. 376, 385
- Protection of Children from Sexual Offences Act — s. 7, 8
Subjects
- anticipatory bail
- rape
- minor victim
- IPC
- POCSO
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72511 of 2025
Arising Out of PS. Case No.-269 Year-2023 Thana- BARURAJ District- Muzaffarpur
======================================================
Panchu Mahto @ Sonelal Kumar S/O Late Surendra Mahto Resident of
Village Dhumnagar, Nuniya tola, P.S. Baruraj, District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ram Sunder Sah S/O Late Mohit Sah Resident of Village Dhumnagar,
Nuniya tola, P.S. Baruraj, District- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No. II
For the Opposite Party/s : Mr. Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Baruraj P.S. Case No. 269 of 2023 registered for offences under
Sections 376, 385 of the Indian Penal Code and under Sections
7 and 8 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of committing rape with a 13 years old minor girl.
4. Considering the nature of the accusation and the
gravity of the offence, this court is of the considered opinion
that the petitioner does not deserve the privilege of anticipatory
bail in the present case.
Patna High Court CR. MISC. No.72511 of 2025(3) dt.21-01-2026
2/2
5. Accordingly, the application for anticipatory bail
stands rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Senior Superintendent of
Police, Muzaffarpur will take all steps for the arrest of the
petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Senior Superintendent of Police, Muzaffarpur through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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