Patna High Court
Deepak Kumar Mahto @ Deepak Mahto @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 3(5), 351(2), 352, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
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
2/2
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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