Patna High Court
Lallu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed and the order denying anticipatory bail is set aside, granting bail to the appellant subject to conditions.
Summary
Lallu Yadav appealed against the order denying him anticipatory bail in a case where his son, Ramdayal Yadav, was accused of attempting rape and Lallu was alleged to have abused the complainant with caste slurs. The FIR invoked several IPC sections and provisions of the SC/ST (Prevention of Atrocities) Act. The appellant argued that the rape charge pertained only to his son and that no SC/ST offence was made out against him, emphasizing his clean antecedent. The court considered the nature of the accusations, the appellant's clean record, and the fact that the alleged abuse occurred within his house, not in public view. It granted conditional bail to the appellant, setting aside the lower court’s order denying anticipatory bail, while imposing a bail bond and surety requirements.
Issues considered
- Whether anticipatory bail should be granted to the appellant under the IPC and SC/ST (Prevention of Atrocities) Act.
- Whether the allegations under the SC/ST Act are sufficient to deny bail to the appellant.
- Whether the appellant's clean antecedent warrants the grant of bail.
Legislation cited
- Indian Penal Code — s. 341, 376, 504, 506, 511
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)(w), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- rape allegation
- caste abuse
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2715 of 2024
Arising Out of PS. Case No.-6 Year-2024 Thana- SC/ST District- Jehanabad
======================================================
Lallu Yadav S/o Ramdayal Yadav R/o vill - Kaswan, P.S. - Parasbigha, Distt. -
Jehanabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Keshmani Devi W/o Birendra Das R/o vill - Kaswan, P.S. - Parasbigha,
Distt. - Jehanabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nityanand Neeraj, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor
Mr. Shashi Kant Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 15-01-2026 Heard learned counsel for the appellant, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
03.05.2024 passed by learned Additional District & Sessions
Judge 1st cum Special Judge, SC/ST, Jehanabad in ABP No. 439
of 2024 arising out of Jehanabad SC/ST P.S. Case No. 06 of
2024 registered under Sections 341, 376, 511, 504, 506 of the
Indian Penal Code and Section 3(1)(r)(s)(w), 3(2)(va) of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of
appellant has been rejected.
3. As per F.I.R., co-accused Ramdayal Yadav tried to
Patna High Court CR. APP (SJ) No.2715 of 2024(5) dt.15-01-2026
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commit rape with the complainant. It is further alleged that
when complainant went to the house of appellant, who is father
of co-accused Ramdayal Yadav, to make complain, this
appellant abused her by caste name.
4. Learned counsel for the appellant submits that
specific accusation of attempting to commit rape is against co-
accused Ramdayal Yadav and appellant has been made accused
in this case merely because he is father of co-accused Ramdayal
Yadav. He further submits that the alleged incident took place
inside the house of appellant and not within public view and as
such, no case under SC/ST Act is made out against him.
Appellant claims clean antecedent.
5. Learned Spl. Public Prosecutor for the State as well
as learned counsel for the respondent no. 2 vehemently opposed
the bail application.
6. Considering the nature of accusation and clean
antecedent, let the appellant, as named above, in the event of his
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Additional District & Sessions Judge 1st
cum Special Judge, SC/ST, Jehanabad in Jehanabad SC/ST P.S.
Patna High Court CR. APP (SJ) No.2715 of 2024(5) dt.15-01-2026
3/3
Case No. 06 of 2024 .
7. Accordingly, this criminal appeal is allowed and
impugned order dated 03.05.2024 is set aside with respect to
this appellant only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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