Patna High Court
Bilat Mahto @ Vilat Mahato@ Bital MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Indian Penal Code — s. 341, 342, 354, 354(D)
- Protection of Children from Sexual Offences Act, 2012 — s. 8
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
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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
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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/-
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