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Patna High Court

Deepak Kumar Mahto @ Deepak Mahto @ Deepak KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that anticipatory bail cannot be granted given the serious nature of the alleged rape offences.

Summary

The petitioner, Deepak Kumar Mahto, applied for anticipatory bail fearing arrest in a case (PS. Case No. 255 of 2024) alleging rape and related offences under the Bharatiya Nyaya Sanhita and the POCSO Act. The charges include sections 115(2), 126(2), 76, 352, 351(2), 3(5) of the BNS and section 8 of the POCSO Act, alleging that the petitioner and a co‑accused committed rape, with the petitioner allegedly restraining the victim's mouth. The High Court examined whether the seriousness of the allegations warranted denial of anticipatory bail. Considering the nature of the alleged crime, the Court was not inclined to grant anticipatory bail. Consequently, the application was dismissed and the petitioner was ordered to surrender within four weeks to seek regular bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita and the POCSO Act
  • Whether the seriousness of the alleged rape warrants denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • POCSO Act
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77359 of 2025
                 Arising Out of PS. Case No.-255 Year-2024 Thana- GHANSHYAMPUR District- Darbhanga
                 ======================================================
                 Deepak Kumar Mahto @ Deepak Mahto @ Deepak Kumar son of Bhola
                 Mahto Resident of Village- Pali, P.S.- Ghanshyampur, District -Darbhanga

                                                                               ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Mrs. XYZ Daughter of Shivji Mahto Resident of Village- Pali, P.S.-
                 Ghanshyampur, District -Darbhanga

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Sanjay Kumar Ojha, Advocate
                 For the State          :        Mr.Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   10-03-2026                   Heard learned counsel for the petitioner; learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner apprehends arrest in connection

                   with Ghanshyampur P.S. Case No. 255 of 2024 instituted under

                   Sections 115(2), 126(2), 76, 352, 351(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita and Section 8 of the POCSO Act.

                                3. The petitioner and co-accused are said to have

                   committed rape with the victim. The petitioner is said to have

                   caught the mouth of the victim and the co-accused has

                   committed rape with the victim.

                                4. Considering the nature of allegation, I am not

                   inclined to grant anticipatory bail to the petitioner.
           Patna High Court CR. MISC. No.77359 of 2025(5) dt.10-03-2026
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                                  5. Accordingly, the application stands dismissed.

                                  6. The petitioner is directed to surrender within four

                     weeks from today in the Court below and pray for regular bail.


                                                                      (Sandeep Kumar, J)

P. Kumar

U     T


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