Patna High Court
Shashi Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner on the condition of a cash bond and sureties, as the dispute was deemed compromised and the investigation completed.
Summary
The petitioner, Shashi Kumar Mahto, was arrested in connection with a case alleging rape of a 16‑year‑old girl, charged under IPC sections 376(2) and 376(2)(n), section 6 of the POCSO Act and section 9 of the Child Marriage Restraint Act. He contended that the alleged victim was his wife, the marriage being consensual, and that they now live together happily with a child. The Additional Public Prosecutor, on behalf of the informant, admitted that the dispute had been compromised between the parties. The court observed that the investigation was complete, the petitioner had been in custody since 22‑10‑2025, and the matter appeared settled. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged rape, POCSO offences and child marriage where the parties claim the dispute is compromised
Legislation cited
- Child Marriage Restraint Act — s. 9
- Indian Penal Code — s. 376(2), 376(2)(n)
- Protection of Children from Sexual Offences Act — s. 6
Subjects
- bail
- rape
- POCSO
- child marriage
- compromise
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88083 of 2025
Arising Out of PS. Case No.-75 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Shashi Kumar Mahto S/O Umesh Mahto Resident of Vil.- Nizamat, Ward No.
01, Jitwarpur, P.S.- Mufassil, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX D/o YY Resident of Sarari Khidderpur, 49/5/2A Karl Marx, P.S.-
Bhawanipur, District- 24 Pargargana Dakshin Kolkata (W. Bengal.)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ankit Kumar Jha
For the Opposite Party/s : Mr.Dilip Kumar No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Samastipur Muffasil P.S. Case No. 75 of 2025 registered
for the offence under Sections 376(2), 376(2)(n) IPC
and u/s 6 of POCSO Act and Section 9 of Child Marriage
Restraint Act.
3. The petitioner is named in the F.I.R. and is in
custody since 22.10.2025.
4. As per FIR, petitioner alleged to commit rape
upon informant aged about 16 years.
Patna High Court CR. MISC. No.88083 of 2025(2) dt.10-02-2026
2/3
5. Learned counsel appearing on behalf of the
petitioner submitted that at best it is a case under Section
9 of Child Marriage Restraint Act as with consent of the
parties the marriage of the petitioner was solemnized with
victim who is now mother of one child. It is submitted that
petitioner and victim solemnized marriage out of their
love affairs and due to initial misunderstanding the
present case was lodged. While concluding the argument,
it is submitted that both parties are now living happily as
wife and husband. Petitioner is a man of clean antecedent
and moreover, investigation of this case is completed, for
which charge-sheet has been submitted, as such, there is
no chance of tampering with the evidence.
6. Learned APP duly assisted by learned counsel
for the informant submitted that matter now
compromised between the parties and supported the
submission that victim is living happily with family of the
petitioner.
7. In view of aforesaid factual submission and by
Patna High Court CR. MISC. No.88083 of 2025(2) dt.10-02-2026
3/3
taking note of fact as the dispute and confusion on the
basis of which the present implication appears raised
prima-facie now appears compromised between the
parties, coupled with fact as investigation of this case
already completed where petitioner remains in custody
since 22.10.2025, accordingly petitioner above named, is
directed to be released on bail in connection with
Samastipur Muffasil P.S. Case No. 75 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to
the satisfaction of learned Addl. Sessions Judge VI cum
Spl. Court (POCSO) Samastipur /concerned court,
subject to the conditions as mentioned under Section
480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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