Amarjeet Mahto Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Amarjeet Mahto Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the 6th District and Additional Sessions Judge-cum Exclusive Special Judge, POCSO Act, East Champaran, Motihari, in Town PS Case No.361 of 2025.

Issue for consideration

Whether the petitioner should be released on bail in connection with Town PS Case No.361 of 2025 dated 03.05.2025, instituted under Sections 137(2), 65(1) and 96 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4/8 of the Prevention of Children from Sexual Offences Act.

Court's answer

Having considered the facts and circumstances of the case and the submissions of learned counsel for the parties, the Court directed that the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the 6th District and Additional Sessions Judge-cum Exclusive Special Judge, POCSO Act, East Champaran, Motihari, in Town PS Case No.361 of 2025.

Ratio / Principle

The Court recorded that the victim's statements under Sections 180 and 183 of the Bharatiya Nagrik Suraksha Sanhita, 2023 state that she left the home herself and went to Delhi out of her own will; this material formed part of the basis on which bail was granted.

Detailed headnote1 paragraphs

Criminal Miscellaneous No.61317 of 2025 (High Court of Judicature at Patna, Khatim Reza, J., oral order dated 10-12-2025), arising out of Town PS Case No.361 of 2025 dated 03.05.2025, Motihari Town, East Champaran, under Sections 137(2), 65(1) and 96 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4/8 of the Prevention of Children from Sexual Offences Act — Bail granted. The informant alleged that her minor grand-daughter was found missing from the house in the morning, a renter having reported seeing her leave at about 5.00 AM. Counsel for petitioner Amarjeet Mahto submitted that he was not named in the FIR, that there was no specific or direct allegation against him, that the victim's statement under Section 183 BNSS recorded her as having left the house herself, and that he was in custody since 14.05.2024 with clean antecedents; the learned APP opposed the prayer for bail. Noting that the victim's statements under Sections 180 and 183 BNSS 2023 state she left the home herself and went to Delhi out of her own will, the Court released the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the 6th District and Additional Sessions Judge-cum Exclusive Special Judge (POCSO Act), East Champaran, Motihari. Notice had been issued to opposite party no.2 and a vakalatnama filed on her behalf, but nobody appeared for her.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61317 of 2025

Arising Out of PS. Case No.-361 Year-2025 Thana- MOTIHARI TOWN District- East Champaran

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

Amarjeet Mahto, aged about 30 years, Gender- Male, son of Chandra Shekhar Mahto, resident of Village- Kirathpur, P.S.- Bhagwanpur, District- Begusarai. At Present residing at Kotla Mubarakpur, P.S. and District- South Delhi (New Delhi)

... ... Petitioner/s

Versus

The State of Bihar

Kumari Sunita Devi, aged about 63 years, Female, wife of Ram Jinish Prasad Yadav, resident of Village- Agarwa, Mohalla Ward no. 32, PS- Town, Dist- East Champaran

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the State : Mr. Md. Nazir Ansari, APP For the OP NO.2 : None ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

5 10-12-2025

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

Earlier, notice was issued to the opposite party no.2 and a vakalatnama has been filed on behalf of the opposite party no.2, but nobody appears on her behalf.

The petitioner seeks bail in connection with Town PS Case No.361 of 2025 dated 03.05.2025, instituted for the offence punishable under Sections 137(2), 65(1) and 96 of the Bharatiya Nyaya Sanhita , 2023 and Sections 4/8 of the Prevention of Children from Sexual Offences Act.

Patna High Court CR. MISC. No.61317 of 2025(5) dt.10-12-2025 2/3

The informant alleges that on the alleged date of occurrence she and others family members went to sleep after dinner. When she woke up in the morning, she came to know that her minor grand-daughter is not in the house. Upon enquiry, she got information from he renter that he had seen her granddaughter going outside the house at 5.00 AM in the morning.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The allegation whatsoever levelled against the petitioner is completely false and fabricated. There is no specific and direct allegation against the petitioner. Further submission is that the statement of the victim has been recorded under Section 183 of the Bharatiya Nagrik Suraksha Sanhita, 2023, and she has clearly stated that she left the house herself. She has not levelled any specific allegation against the petitioner. Lastly, it is submitted that the petitioner is in custody since 14.05.2024 having clean antecedents.

Learned APP has opposed the prayer for bail.

The case diary along with statement of the victim recorded under Section 183 of the Bharatiya Nagrik Suraksha Sanhita, 2023, has been received. Statement of the victim has been recorded under Section 180 as well as 183 of the Bharatiya Nagrik Suraksha Sanhita, 2023. The victim in her

Patna High Court CR. MISC. No.61317 of 2025(5) dt.10-12-2025 3/3

statement(s) has stated that she left the home herself and went to Delhi out of her own will.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 6^th District and Additional Sessions Judge-cum Exclusive Special Judge, POCSO Act, East Champaran, Motihari, in Town PS Case No.361 of 2025.

The application stands allowed.

(Khatim Reza, J)

J. Alam/-

U T