Dismissed¶¶19

Sujeet Mahto @ Sujeet Kumar v. The State of Bihar

Patna HC3 Sept 2025CR. MISC./38959/2025

Case brief

AI extract

What is this about?

Patna High Court; CR. MISC. No.38959 of 2025; PS Case No.92/2025, Thana Majhaulia, West Champaran; oral order dt. 03-09-2025; Ashok Kumar Pandey, J; bail application REJECTED; offences under Sections 65(2) & 3(5) BNS 2023 and Sections 4 & 6 POCSO Act; alleged gang rape of minor girl aged about 11 years; co-accused named Rangeela in victim's Section 183 BNSS statement; medical exam: no recent sign of sexual assault but hymen reported ruptured; petitioner in judicial custody since 06.02.2025, clean antecedents claimed; directive to trial court to finish trial within statutory POCSO period.

What did the court decide?

After hearing learned counsel for the parties and considering the facts and circumstances of the case, the Court was not inclined to grant bail and rejected the petitioner's prayer for regular bail. ¶¶19

Sujeet Mahto @ Sujeet Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38959 of 2025

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Arising Out of PS. Case No.-92 Year-2025 Thana- MAJHAULIA District- West Champaran

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

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Sujeet Mahto @ Sujeet Kumar S/o Nandlal Mahto R/o Village- Harpur, Ward no. 17, Police Station- Majhauliya. District- West Champaran

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... ... Petitioner

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Versus

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The State of Bihar

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Bhikhari Pathak C/o Late Ramdeo Pathak R/O Village- Harpur ward no. 17, Police Station- Majhauliya, District- West Champaran

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... ... 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 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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4 03-09-2025

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Heard learned counsel for the petitioner, learned counsel for the Informant and Mr. Umesh Lal Verma, learned APP for the State.

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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).

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

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Patna High Court CR. MISC. No.38959 of 2025(4) dt.03-09-2025 2/3

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the Informant aged about 11 years.

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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.

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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.

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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.

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Learned trial court is directed to conclude the trial

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Patna High Court CR. MISC. No.38959 of 2025(4) dt.03-09-2025 3/3

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within the statutory period as provided under the POCSO Act.

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(Ashok Kumar Pandey, J)

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durgesh/- U T

Sujeet Mahto @ Sujeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sujeet Mahto @ Sujeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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