Jagarnath ThakurversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1001 of 2026
                    Arising Out of PS. Case No.-180 Year-2025 Thana- MAHILA PS District- Darbhanga
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                 Jagarnath Thakur S/o- Chandeshwar Thakur R/v- Nahari Ps- Laukaha Dist-
                 Madhubani

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Lalmani Kumari D/o- Bauanand Paswan R/v- Jagdishpur Ps- Manigachi
                 Dist- Darbhanga

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Baidya Nath Prasad
                 For the Respondent/s    :       Mr.Sadanand Paswan
                 For the Informant       :       Mr. Nand Kumar Sagar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   02-04-2026                   Heard the parties.

                               2. The instant appeal has been filed by the appellant

                   against the order dated 17.02.2026 passed by learned Exclusive

                   Special Judge, SC/ST POA Act, Darbhanga, whereby the prayer

                   for bail of the appellant in connection with SC/ST No. 06 of

                   2026, arising out of Mahila P.S. Case No. 180 of 2025, under

                   Sections 64, 85, 115(2), 351(2), 352, 3(5) of the BNS and

                   Section 3(2)(v-a) of SC/ST (POA) Act, was rejected.

                               3. Prosecution case, in short, is that the appellant has

                   established sexual relationship with the informant and

                   subsequently, on being pressurized, got married with the

                   informant but has deserted her.
Patna High Court CR. APP (SJ) No.1001 of 2026(2) dt.02-04-2026
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                       4. Learned counsel for the appellant submits that the

          appellant is innocent and has falsely been implicated in the

          present case. The appellant is in custody since 19.01.2026.

                       5. Learned Special P.P. for the State and the informant

          have vehemently opposed the prayer for grant of bail to the

          appellant. It has been submitted by the learned counsel for the

          informant that the appellant had initially committed sexual

          assault with the victim and subsequently on being pressurized,

          has got married and now he has left the victim and therefore, he

          does not deserve bail.

                       6. I have heard and considered the submission of the

          parties.

                       7. From the records of the case and the materials

          available on record, it appears to be a case of consensual sex,

          this Court is inclined to allow this appeal.

                       8. Accordingly, the appeal is allowed and order dated

          17.02.2026, is hereby set aside.

                       9. Let the appellant be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with SC/ST No. 06 of

          2026, arising out of Mahila P.S. Case No. 180 of 2025, subject
          Patna High Court CR. APP (SJ) No.1001 of 2026(2) dt.02-04-2026
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                    to the condition that the appellant, after being released on bail

                    will start paying a maintenance amount of Rs. 5000/- to the

                    informant and the maintenance amount shall be credited to the

                    informant’s account by the tenth day of the month. If the

                    appellant fails to pay the maintenance amount then the

                    informant may approach this Court for cancellation of bail.

                                 10. It is made clear that the aforesaid maintenance

                    order is subject to outcome of any maintenance case, if any.



                                                              (Sandeep Kumar, J)
Vikas/-

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