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Patna High Court

Nakul Kumar YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that anticipatory bail could not be granted and dismissed the appeal.

Summary

The appellant, Nakul Kumar Yadav, was charged with offences including rape, attempted rape, criminal intimidation, intentional insult, and offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, alleged to have pretended marriage, had physical relations, refused to marry, and abused the complainant with caste slurs. He sought anticipatory bail, claiming innocence and lack of any public witness, while the State and the complainant opposed bail, emphasizing the specific and grave nature of the accusations. The High Court examined the seriousness of the charges, the direct allegations, and the applicability of the SC/ST Act. Finding the allegations serious and the accusations specific, the Court rejected the anticipatory bail application. Consequently, the appeal against the order denying bail was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the appellant in light of the serious charges under the IPC and the SC/ST (Prevention of Atrocities) Act.
  • Whether the facts alleged constitute an offence under Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
  • Whether the gravity and specificity of the accusations preclude the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • SC/ST Act
  • caste harassment
  • criminal intimidation
  • marriage fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CRIMINAL APPEAL (SJ) No.1546 of 2026
                    Arising Out of PS. Case No.-912 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Nakul Kumar Yadav S/o Parmeshwar Yadav Resident of village - Chitkundi
                 Bara, P.S - Mufassil (Bibiganj), District - Bhojpur

                                                                                   ... ... Appellant/s
                                                       Versus

           1.    The State of Bihar
           2.    Neetu Kumari D/o Late Ramnaresh Ram R/o Village - Brahmpura, P.S -
                 Paru, District - Muzaffarpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant        :        Mr. Ranjit Kumar, Advocate
                                                   Mr. Sanjeet Kumar, Advocate
                                                   Mr. Ugresh Kumar, Advocate
                 For the State            :        Ms. Usha Kumari 1, Spl.PP
                 For the Informant        :        Mr. Utpal Kant, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   25-06-2026                  Heard learned counsel appearing for the appellant,

                   learned Special Public Prosecutor appearing for the respondent-

                   State      and        learned       counsel        appearing         for      the

                   informant/Respondent No. 2.

                                2. This appeal has been filed for setting aside order

                   dated 30.03.2026 passed in A.B.P. No. 4434 of 2025 arising out

                   of a case registered for the offence punishable under Sections

                   376, 313, 504, 506 and 34 of the Indian Penal Code and

                   Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, whereby the

                   prayer for grant of anticipatory bail of this appellant has been
Patna High Court CR. APP (SJ) No.1546 of 2026(2) dt.25-06-2026
                                             2/3




          rejected.

                       3.     As per prosecution case, it is alleged that this

          appellant came in contact with the informant/Respondent No. 2

          and on the false pretext of marriage, established physical

          relations with her and later on, refused to solemnize marriage,

          abused her with caste based slurs and threatened her not to

          disclose the ordeal to anyone.

                       4. It is submitted by learned counsel appearing on

          behalf of the appellant that appellant is quite innocent and has

          committed no offence. Appellant has falsely been implicated in

          this case only to pressurize him to solemnize marriage. It is

          further submitted that it is not the case of the prosecution that

          any member of public was present at the place of occurrence

          and as such, no case under the Scheduled Castes and Scheduled

          Tribes (Prevention of Atrocities) Act is made out against this

          appellant. Appellant claims clean antecedents.

                       5. On the other hand, learned Spl. P.P. appearing for

          the respondent-State and learned counsel appearing for the

          informant/Respondent No. 2 have vehemently opposed the

          prayer for grant of bail to the appellant and submitted that

          appellant is named in the F.I.R. and there is specific accusation

          that on the false pretext of marriage, he established physical
             Patna High Court CR. APP (SJ) No.1546 of 2026(2) dt.25-06-2026
                                                          3/3




                       relations with the informant and later on, refused to solemnize

                       marriage and abused the informant/Respondent No. 2 with caste

                       based slurs.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation and gravity of

                       offence, the prayer for grant of anticipatory bail to the appellant

                       is rejected and this appeal is dismissed.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T


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