Sajan Kumar Mahto @ Sajan Kumar @ Sajan Mahto Vs… — Child Sexual Offences (POCSO) | Patna HC (2025)

Sajan Kumar Mahto @ Sajan Kumar @ Sajan Mahto Vs… — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: petitioner to be released on bail in the event of arrest or surrender before the learned district court within four weeks, on bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, subject to Section 482(2) of BNSS of 2023 conditions, mandatory recording of the victim's statement under Section 183 of BNSS, and automatic loss of force if antecedent verification discloses involvement in other cases.

Issue for consideration

Whether the petitioner is entitled to pre-arrest bail in connection with Chautham P.S. Case No.333 of 2024, G.R. No.3561 of 2024, registered for offences under Sections 137(2), 96 and 3(5) of BNS, alleging kidnapping of the informant's minor daughter. +1 more

Court's answer

Considering the rival submissions, the ages of the parties (victim still adolescent, petitioner just emerged as an adult aged about 22 years), and that attraction with the other sex is not uncommon at that age, the petitioner is directed to be released on pre-arrest bail in the event of his arrest or surrender.

Ratio / Principle

Pre-arrest bail granted on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the concerned magistrate/court at Khagaria, before the learned district court within four weeks, subject to conditions laid down under Section 482(2) of BNSS of 2023.

Key takeaways

The learned district court must abide by the provisions of POCSO Act in recording the statement of the victim under Section 182 of BNSS, which had been reported as not recorded till date.ratio¶¶21
Bail is subject to the further condition that the learned district court must mandatorily record the statement of the victim under Section 183 of BNSS.ratio¶¶23
The learned district court is directed to verify the criminal antecedents of the petitioner, and if he is found involved in other cases beyond those stated in paragraph No.3 of the bail application, this order will automatically lose its force.

Detailed headnote1 paragraphs

Pre-arrest bail granted (Purnendu Singh, J., oral order dated 15-05-2025, Patna High Court, Criminal Miscellaneous No.30226 of 2025) to Sajan Kumar Mahto @ Sajan Kumar @ Sajan Mahto in connection with Chautham P.S. Case No.333 of 2024, G.R. No.3561 of 2024 (Khagaria), registered for offences under Sections 137(2), 96 and 3(5) of BNS, wherein the FIR alleged that the petitioner with other co-accused kidnapped the informant's minor daughter. Taking into account counsel's statement that the petitioner (about 22 years) and the victim (about 18 years) were in a love relationship and have married, that the victim is still adolescent while the petitioner has just emerged as an adult, and that attraction with the other sex is not uncommon at that age, the court directed release on pre-arrest bail upon arrest or surrender within four weeks, on bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, subject to conditions under Section 482(2) of BNSS of 2023. The court held that the learned district court must abide by the provisions of POCSO Act in recording the victim's statement under Section 182 of BNSS (reported not recorded till date) and made bail subject to the further condition that the statement be mandatorily recorded under Section 183 of BNSS; the order will automatically lose its force if verification of criminal antecedents shows the petitioner involved in other cases beyond those stated in paragraph No.3 of the bail application.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30226 of 2025

Arising Out of PS. Case No.-333 Year-2024 Thana- CHAUTHAM District- Khagaria

======================================================

Sajan Kumar Mahto @ Sajan Kumar @ Sajan Mahto S/o Vijay Mahto R/o Village_ Jai Prabha Nagar, P.S.- Chautham, Distt.- Khagaria

... ... Petitioner/s

Versus

The State of Bihar

Bahadur Muni S/o Late Shivdhari Muni R/o Vill - Jai Prabha Nagar, P.S.Chautham, Distt.- Khagaria

... ... Opposite Party/s

======================================================

Appearance : For the Petitioner/s : Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 15-05-2025

Heard learned counsel appearing on behalf of the

petitioner and the learned APP for the State.

Petitioner seeks pre-arrest bail in connection with Chautham P.S.Case No.333 of 2024, G.R. No.3561 of 2024 registered for the offences punishable under Sections 137(2), 96 and 3(5) of BNS.

As per the allegation made in the FIR, the petitioner along with the other co-accused persons kidnapped the minor daughter of the informant.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent. He is aged about 22 years and the victim is aged about 18 years. They were

Patna High Court CR. MISC. No.30226 of 2025(2) dt.15-05-2025 2/3

in love relationship and the petitioner was unaware of the consequences of the POCSO Act, however, they have married and in this regard, the learned counsel has made specific statement in Paragraph No. 6 of the bail application.

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and he has further submitted that the learned district court has informed that the statement of the victim girl has not yet been recorded under Section 182 of BNSS.

Having considered the rival submissions made on behalf of the parties, as well as, considering the age of the victim girl and the petitioner, I find that the learned district court must abide by the provisions of POCSO Act in recording the statement of the victim under Section 182 of BNSS, which has been reported to have not been recorded till date. Petitioner has claimed that the victim has married with him and she is living happily and as per the age, victim is still adolescent and the petitioner has just emerged as an adult(aged about 22 years). Both have undergone psychological, physical and biological changes and at this age, attraction with other sex is not uncommon. The petitioner is directed to be released on prearrest bail, in the event of his arrest or surrender before the

Patna High Court CR. MISC. No.30226 of 2025(2) dt.15-05-2025 3/3

learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr. Sushil Kumar Singh, J.M. 1^st Class, Khagaria/concerned court, in connection with Chautham P.S.Case No.333 of 2024, G.R.No.3561/2024 subject to conditions as laid down under Section 482(2) of BNSS of 2023, subject to further condition that the learned district court must mandatorily record the statement of the victim under Section 183 of BNSS.

The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J)

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