Sachin Mahto @ Kariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29008 of 2025 Arising Out of PS. Case No.-121 Year-2024 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Sachin Mahto @ Kariya S/o- Upendra Mahto @ Upendar Mahto @ Gholat Resident of Samsa W/ No- 13, P.S- Nawkothi, Dist- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Phulhasan S/o- Md. Subhan Village- Samsa W.No-14, Ps- Naokothi DistBegusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar Seth, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP For the Informant :

Mr. Keshav Bhardwaj, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant. Perused the case diary.

2. The petitioner seeks bail in connection with Nowkothi P.S. Case No. 121 of 2024 instituted for the offences under Section 65(2) of Bhartiya Nyaya Sanhita, 2023 and Section 5(m), 6 of the POCSO Act.

3. As per prosecution case, the accusation against the petitioner is of committing forceful rape upon the Informant's minor granddaughter.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.29008 of 2025(4) dt.07-08-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Learned counsel for the petitioner further submits from perusal of the medical report, it appears that there is no external injuries upon the victim and the medical board has found no evidence of recent sexual assault upon the victim. The doctor has also found no spermatozoa in the vaginal swab. He further submits that the petitioner has not been identified by the victim. The petitioner has no criminal antecedent and is languishing in judicial custody since 17.07.2024 without any rhymes or reason.

5. Learned counsel for the petitioner further submits that all the prosecution witnesses have been examined and the case is pending before the trial court at the stage of final argument.

6. On the other hand, learned A.P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The victim girl is minor. He further submits that the victim girl, in her statement recorded under Sections 180 and 183 of the B.N.S.S., has fully supported the prosecution case. The Investigating Officer, after completion of investigation, has submitted charge-sheet against the petitioner for offence under

Patna High Court CR. MISC. No.29008 of 2025(4) dt.07-08-2025 3/3 Sections 65(2) of the B.N.S. and Section 5(m)/6 of the POCSO Act.

7. Having heard learned counsel for the parties and considering the nature and gravity of the offence as also taking into account the fact that the trial is at the verge of conclusion and the same is at the stage of final argument, this Court is not inclined to grant bail to the petitioner at this stage.

8. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously. (Rudra Prakash Mishra, J) rishi/- U T