Mantu KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1782 of 2025
                      Arising Out of PS. Case No.-39 Year-2025 Thana- TELHARA District- Nalanda
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                 Mantu Kumar S/o- Late Arjun Prasad Village- Chandapur Ps- Telhara
                 District- Nalanda

                                                                                  ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Guriya Devi W/o- Bhola Paswan Village- Kadilpur Ps- Telhara Dist-
                 Nalanda

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Sunil Kumar
                 For the Respondent/s   :        Ms. Usha Kumari 1
                                                 Mr. Navin Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   18-06-2026                 Heard learned counsel for the appellant, the learned

                   Spl. P.P. for the State including the learned counsel for the

                   informant.

                               2. This appeal is preferred against the order dated

                   21.04.2025 passed by the learned Additional Sessions Judge-VI-

                   cum-Special Judge, SC/ST Act, Nalanda at Biharsharif in ABP

                   No. 522 of 2025 arising out of Telhara P.S. Case No. 39 of 2025

                   registered for the offence under Sections 127(2), 64(1), 351(2)

                   of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3(i)(r),

                   3(i)(s) and 3(2)(va) of the SC/ST Act, by which the prayer of the

                   appellant for anticipatory bail was rejected.

                               3. As per the prosecution case, the appellant is alleged
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          to have committed rape upon the victim.

                       4. Learned counsel for the appellant submits that the

          appellant has been falsely implicated in this case and no offence

          under the provisions of the SC/ST Act is made out. He therefore

          contends       that    the    application       for    anticipatory   bail   is

          maintainable. He further submits that the doctor did not find any

          external physical injury on the body of the victim nor was there

          any evidence of recent sexual intercourse, as she was examined

          within 24 hours of the occurrence. The doctor did not find any

          signs of rape upon examination.

                       5. Learned Special Public Prosecutor for the State and

          learned counsel for the informant have opposed the prayer for

          anticipatory bail.

                       6. I have considered the submissions of the parties and

          have gone through the records of the case. From the statement

          of the victim, it appears that she is a married woman and the

          mother of four children. It further appears that on being

          allegedly subjected to harassment, she left her house on her own

          along with the appellant. Further, the essential ingredients

          required to attract the provisions of the SC/ST Act do not prima

          facie appear to be made out against the appellant.

                       7. In view of the aforesaid discussions, the appeal is
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                      held to be maintainable and the same stands allowed.

                      Accordingly, the impugned order dated 21.04.2025 passed by

                      the learned Additional Sessions Judge-VI-cum-Special Judge,

                      SC/ST Act, Nalanda at Biharsharif is hereby set aside.

                                   8. Let the appellant, in the event of his arrest or

                      surrender within four weeks from today, be released on bail on

                      furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Court below where the case is pending/successor

                      Court in connection with Telhara P.S. Case No. 39 of 2025,

                      subject to the conditions laid down under Section 438(2) of the

                      Code of Criminal Procedure/Section 482(2) of the BNSS.

                                   9. Pending application(s), if any, shall also stand

                      disposed of.



                                                          (Sandeep Kumar, J)
Shishir/-

U       T