Patna High Court
Raju Mahto @ Raj Kumar Mahto @ Raju Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that pre‑arrest bail could not be granted given the seriousness of the offences and the victim’s corroborative statement.
Summary
Petitioner Raju Mahto was charged with kidnapping and selling the 17‑year‑old daughter of an informant, and with theft of Rs.1,50,000 and ornaments, offences punishable under IPC sections 363, 366A and 34, and Section 8 of the POCSO Act. The victim’s statement recorded under Section 164 of the CrPC corroborated the prosecution’s case. The petitioner sought pre‑arrest bail, arguing apprehension of arrest. The Court examined the seriousness of the allegations, the victim’s age, and the recorded statement. Considering the gravity of the crimes and the victim’s testimony, the Court rejected the petition for pre‑arrest bail.
Issues considered
- Whether pre‑arrest bail should be granted to the accused in a case involving kidnapping of a minor and theft under IPC and POCSO provisions
- Whether the victim’s statement under Section 164 CrPC and the age of the victim justify denial of bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 363, 366A
- Protection of Children from Sexual Offences Act, 2012 — s. 8
Subjects
- kidnapping
- theft
- POCSO
- pre‑arrest bail
- minor
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80568 of 2025
Arising Out of PS. Case No.-365 Year-2023 Thana- PHULPARAS District- Madhubani
======================================================
Raju Mahto @ Raj Kumar Mahto @ Raju Kumar Mahto S/o- Surendra Mahto
@ Ramashankar Mahto Resident of village- Bagaura P.S- Dharaunda District-
Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jitendra Prasad Sah S/o- Rajendra Sah R/v- Brahampur Ps- Phulparas Dist-
Madubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under section 363, 366A/34 of the
Indian Penal Code and Section 8 of the Protection of Children
from Sexual Offences Act.
3 . As per F.I.R., on 27.06.2023, this petitioner along
with other co-accused persons kidnapped and sold the minor
daughter of informant. It is further alleged that daughter of
informant took Rs. 1,50,000/- and other ornaments with her.
4. The victim in her statement recorded under section
164 Cr. PC has supported the prosecution case . The Court
Patna High Court CR. MISC. No.80568 of 2025(3) dt.09-02-2026
2/2
below has assessed the age of the victim as 17 years.
5 . Considering the nature of accusation , statement of
the victim recorded under section 164 Cr. PC and gravity of
offence , prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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