Patna High CourtCR. MISC./22460/2026rejected

Maina Mahto v. The State Of Bihar

2026-04-07Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22460 of 2026 Arising Out of PS. Case No.-417 Year-2024 Thana- BANIAPUR District- Saran ====================================================== Maina Mahto S/o Bhagwan Mahto R/o Village- Puchhari, PS- Baniyapur, Dist.- Saran ... ... Petitioner/s

Versus

The State of Bihar 2.

X D/o Y R/o vill - Puchhari, P.S.- Baniyapur, Dist.- Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nalin Kumar, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2026 Heard Mr. Nalin Kumar, learned counsel for the petitioner and Mr. Mohammad Sufyan, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 13.09.2024 in connection with Baniyapur P.S. Case No. 417 of 2024, F.I.R. dated 12.09.2024 for the offences punishable under Sections 64 and 65 of the BNS, 2023 and Section 4 and 6 of the POCSO Act.

3. According to prosecution case, this petitioner has committed rape upon the victim and also threatened to kill her if she disclosed the said incident to anyone.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.22460 of 2026(2) dt.07-04-2026 2/2 implicated in the present case. He further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim has been recorded under Section 183 of the BNSS, 2023 in which she has categorically stated that the petitioner has committed rape upon her and apart from that the medical report of the victim also suggest that the petitioner has committed sexual assault against the victim.

6. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Baniyapur P.S. Case No. 417 of 2024 pending in the court of learned Exclusive Special Additional Session Judge, (POCSO) Saran, Chapra.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T