Sujeet Mahto @ Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38959 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== Sujeet Mahto @ Sujeet Kumar S/o Nandlal Mahto R/o Village- Harpur, Ward no. 17, Police Station- Majhauliya. District- West Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Bhikhari Pathak C/o Late Ramdeo Pathak R/O Village- Harpur ward no. 17, Police Station- Majhauliya, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Brij Kishor Mishra, Advocate For the State :

Mr. Umesh Lal Verma, APP For the Informant :

Mr. Rahul Kumar Shukla, Advocate Mr. Shivam Kumar Deep, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner, learned counsel for the Informant and Mr. Umesh Lal Verma, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 65(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 'B.N.S.') and under Sections 4 and 6 of the Protection of Children From Sexual Offences Act (hereinafter referred to as the 'POCSO' Act).

3. The case of the prosecution is that the petitioner along with one other has committed rape with minor daughter of

Patna High Court CR. MISC. No.38959 of 2025(4) dt.03-09-2025 2/3 the Informant aged about 11 years.

4. Learned counsel for the petitioner has submitted that during course of investigation medical examination of the victim was conducted and the Doctor has opined that there is no recent sign of sexual assault. The petitioner is a man of clean antecedent and is in judicial custody since 06.02.2025.

5. Learned counsel for the Informant is present. He has submitted that during investigation the victim has given her statement under Section 183 of the BNSS wherein she has supported the occurrence and has categorically stated that the petitioner and one Rangeela committed rape with her. Learned counsel for the Informant has also brought notice of this Court that from perusal of the medical report it will transpire that Doctors have found hymen ruptured though opinion of the Doctor is that there is no recent sign of sexual assault but this opinion does not match with the objective finding which has been given in the medical examination.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner, hence his prayer for bail is rejected.

7. Learned trial court is directed to conclude the trial

Patna High Court CR. MISC. No.38959 of 2025(4) dt.03-09-2025 3/3 within the statutory period as provided under the POCSO Act. (Ashok Kumar Pandey, J) durgesh/- U T