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Patna High Court

Rohit Kumar Mehta @ Rohit KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court denied regular bail to the petitioner, finding the allegations serious and the evidence sufficient to justify continued custody.

Summary

The petitioner, Rohit Kumar Mehta, was arrested on 11 August 2025 in connection with a Mahila Police Station case involving alleged sexual exploitation of a minor, including the creation of an obscene video and threats to disseminate it. He sought regular bail, claiming a clean antecedent and that the allegations were fabricated. The prosecution opposed bail, citing the victim’s recorded statements under sections 180 and 183 of the BNSS, which indicated repeated penetrative sexual assault. The court examined the seriousness of the charges under the BNSS, POCSO Act, and IT Act, and found the evidence sufficient to justify continued detention. Consequently, the court rejected the bail application.

Issues considered

  • Whether bail should be granted to the accused in a POCSO case involving sexual exploitation and threats to publish obscene material
  • Whether the victim’s statements under sections 180 and 183 of the BNSS constitute sufficient ground to deny bail

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual exploitation
  • obscene video
  • threat to publish
  • criminal procedure
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91040 of 2025
                     Arising Out of PS. Case No.-133 Year-2025 Thana- MAHILA P.S. District- Nalanda
                 ======================================================
                 Rohit Kumar Mehta @ Rohit Kumar S/o- Ajay Kumar Mehta @ Ajay Mahto
                 R/v- Telhara, Ps- Telhara Dist- Nalanda

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XX C/o- YY R/v- Tehhara Ps- Tehhara Dist- Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rana Baljit Singh, Advocate
                 For the Opposite Party/s :        Mrs. Renuka Ratanakar (App125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-01-2026                   Heard Mr. Rana Baljit Singh, learned counsel for the

                   petitioner and Mrs. Renuka Ratanakar, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   11.08.2025 in connection with Mahila P.S. Case No. 133 of

                   2025, (POCSO Case No. 144/2025) F.I.R. dated 11.08.2025 for

                   the offences punishable under Sections 64(1), 75, 78 of the

                   B.N.S. and section 4/6 of the POCSO Act and sections 67, 67

                   (A) of the I.T. Act.

                                3. Allegation against the petitioner is that he had

                   sexually exploited the victim girl by making her obscene video

                   and also threatened to made it viral.

                                4. Learned counsel for the petitioner submits that
            Patna High Court CR. MISC. No.91040 of 2025(2) dt.13-01-2026
                                                        2/2




                      petitioner has clean antecedent and he has falsely been

                      implicated in the present case. The allegation as alleged is false

                      and fabricated and the petitioner has not committed any offence

                      as in the F.I.R.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail of the petitioner and submitted that the

                      statement of victim was recorded under section 180 and 183

                      BNSS which suggests that the victim has supported the case of

                      prosecution and she has also stated that the petitioner has

                      repetitively penetrative sexual assault with her

                                   6. Considering the aforesaid facts and circumstances

                      of the case and serious nature of allegation made against the

                      petitioner, I am not inclined to enlarge the accused-petitioner on

                      bail.

                                   7. Hence, the prayer for regular bail stands rejected.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


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