Patna High Court
Mahesh MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with two sureties.
Summary
Mahesh Mahto was arrested in connection with a complaint alleging assault, criminal intimidation and attempted rape under sections 323, 504, 354(b), 376, 511 IPC and section 27 of the Arms Act. The victim’s statement, given on solemn affirmation, described only a hand‑pulling incident and made no allegation of rape, yet the trial court had taken cognizance of the rape charge. The petitioner pleaded innocence and applied for regular bail, arguing lack of substantive evidence for the rape charge and his clean antecedents. The State opposed the bail on the ground of the seriousness of the offences. After hearing both sides, the Patna High Court found no compelling reason to keep the petitioner in custody and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted in a case involving charges of assault, criminal intimidation and attempted rape under the IPC.
- Whether the trial court was justified in taking cognizance of the rape charge (section 376 IPC) despite the victim’s statement lacking a rape allegation.
- Whether the petitioner’s lack of prior criminal record and the circumstances of the case warrant bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 323, 354(b), 376, 504, 511
Subjects
- regular bail
- assault
- attempted rape
- criminal intimidation
- IPC
- Arms Act
- judicial custody
- victim statement
- cognizance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81433 of 2025
Arising Out of PS. Case No.-149 Year-2017 Thana- COMPLAINT CASE - MASAURHI
District- Patna
======================================================
Mahesh Mahto Son of Ramu Mahto R/O Village - Satpersa, P.S.- Dhanarua,
District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/O Y R/O Vill.- Satparsa, P.S.- Masaurhi, Dist.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheonandan Pandit, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 323, 504,
354(b), 376, 511 of Indian Penal Code and Section 27 of the
Arms Act but cognizance was taken under Section 323, 376 and
511 of the Indian Penal code.
3. The case of the prosecution on the basis of
complaint petition is that the complainant has gone to ease
herself on 24.04.2017 at 7:30 PM with her sister. At that time,
the petitioner reached there and caught her hand and
misbehaved with her and also attempted to rape with her. When
the complainant and her sister raised alarm, he fled from there.
Patna High Court CR. MISC. No.81433 of 2025(3) dt.27-01-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that in this case, learned
trial court has taken cognizance under Sections 323, 376 and
511 of IPC. During course of enquiry, the complainant has given
her statement on solemn affirmation (S.A.) and has stated that
when she has gone to ease herself with her sister, the petitioner
has caught her hand and started pulling her hand with ill will.
The sister of the complainant informed to her parents and as the
villagers arrived there, the petitioner fled from there. Learned
counsel for the petitioner has further submitted that from perusal
of the statement of the victim on S.A., it is clear that there is no
allegation of committing rape. It is very strange that without any
allegation of rape, learned trial court has taken cognizance under
Section 376 of the IPC as well. A statement has been made in
para-3 of this petition that the petitioner has got no criminal
antecedent. Moreover, he is languishing in judicial custody since
13.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
Patna High Court CR. MISC. No.81433 of 2025(3) dt.27-01-2026
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inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Complaint Case No. 149(C)/2017 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned S.D.J.M., Masaurhi, Patna.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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