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Patna High Court

Panchu Mahto @ Sonelal KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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