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Patna High Court

Bilat Mahto @ Vilat Mahato@ Bital MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to bond and conditions.

Summary

Bilat Mahto was arrested on charges of rape and assault of a 7‑year‑old girl, alleged under IPC sections 354, 354(D), 341, 342 and Section 8 of the POCSO Act. The petitioner argued that the FIR was lodged four days after the incident to further a land‑dispute between neighbours and that there were no eyewitnesses or any indication of sexual assault in the victim’s statement. He is a 63‑year‑old man with no prior criminal record and has been in custody since 20‑01‑2025, while the charges have not been framed even after more than a year. The State opposed bail, emphasizing the victim’s age and alleged ill‑treatment. The High Court, noting the lack of substantive evidence, the delay in framing charges, and the need for a speedy trial under POCSO, granted bail on a bond of Rs 10,000 with two sureties and conditions of personal appearance and cooperation in charge‑framing.

Issues considered

  • Whether bail should be granted in a POCSO case involving alleged rape of a minor.
  • Whether the delay in filing the FIR and absence of corroborative evidence justify bail.
  • Whether the non‑framing of charges for over a year indicates lack of likelihood of a speedy trial.

Legislation cited

Subjects

  • bail
  • POCSO
  • rape
  • sexual assault
  • minor victim
  • delay in FIR
  • land dispute motive
  • non‑framing of charges
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77397 of 2025
                        Arising Out of PS. Case No.-738 Year-2023 Thana- SONEPUR District- Saran
                 ======================================================
                 Bilat Mahto @ Vilat Mahato@ Bital Mahto S/o Late Karamu Mahto R/o
                 Village- Kalyanpur, PS- Sonpur, Distt- Saran

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX S/o-YYY R/o vill - Kalyanpur, ward no. 1, P.S- Sonpur, Distt.- Saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mahendra Prasad Verma, Advocate
                 For the State            :        Mr. Madan Kumar, APP
                 For the O.P. No.2        :        Mr. Pramod Ban Bihari Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   23-02-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the opposite party no.2.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 354, 354(D), 341 and

                   342 of the Indian Penal Code and Section 8 of the POCSO Act.

                                   3. As per the prosecution case, the petitioner is

                   alleged to have committed rape upon the daughter of the

                   informant.

                                   4. Learned counsel for the petitioner submits that

                   the First Information Report has been lodged after a delay of

                   four days with an oblique motive to implicate the petitioner

                   since the parties, who were neighbours, were having a land

                   dispute. It is further submitted that there is no witness during
Patna High Court CR. MISC. No.77397 of 2025(5) dt.23-02-2026
                                            2/3




          the course of investigation who saw the aforesaid incident.

          Moreover, the allegations in the F.I.R. and the statement of the

          victim under Section 164 of the Cr.P.C. do not indicate any

          sexual assault. The petitioner is 63 years old man and is in

          custody since 20.01.2025 with no criminal antecedent and till

          date even charges have not been framed.

                         5. Learned APP for the State and learned counsel

          for the opposite party no.2 have opposed the grant of bail on

          the ground that the victim is 7 years old girl, who was

          subjected to ill-treatment by the petitioner, as such, he does not

          deserve privilege of bail.

                         6. Taking into consideration the facts and

          circumstances and considering the fact that the allegations are

          not to the extent of committing any sexual assault, coupled

          with the fact that despite lapse of more than one year, even the

          charges have not been framed indicating no likelihood of

          conclusion of trial in near future, let the above named

          petitioner, be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Exclusive Special

          Judge-VIth,          Court         (POCSO)           at   District-Saran,

          Chhapra/concerned Court below in connection with Sonpur
            Patna High Court CR. MISC. No.77397 of 2025(5) dt.23-02-2026
                                                        3/3




                      P.S. Case No. 738 of 2023 subject to condition that:-

                                              (i)   The petitioner shall remain physically
                              present in court on each and every date fixed in the case and
                              also cooperate in getting the charge framed in case same has
                              not been framed, failing which his bail bonds shall be liable
                              to be cancelled by the learned court concerned.
                                     7. However, considering the present case to be one

                      under the POCSO Act, the learned Trial Court is directed to

                      expeditiously proceed in the case.


                                                        (Soni Shrivastava, J)

anand/-
U       T


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