Patna High Court
Jaicky Kumar @ Jacky Kumar @ Jaicky Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and bail is granted to the appellant.
Summary
Jaicky Kumar was charged with rape and related offences under the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The Exclusive Special Judge refused bail, prompting an appeal under the SC/ST Act. The appellant argued that the FIR was filed five days after the alleged incident and that the medical report was inconclusive, especially since the victim was married, and that the parties had reached a compromise. The complainant’s counsel acknowledged the compromise. The Patna High Court set aside the lower court’s refusal, granting bail on a bond of Rs.10,000 with two sureties, and allowed the appeal.
Issues considered
- Whether bail can be granted in a case involving rape and other serious offences under the Bharatiya Nyaya Sanhita and the SC/ST Act.
- Whether a delay of five days in filing the FIR affects the grant of bail.
- Whether the medical examination report, indicating difficulty in establishing rape, justifies bail.
- Whether a compromise between the parties influences the court’s discretion to grant bail under the SC/ST Act.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 352, 64(1)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- bail
- rape
- SC/ST Act
- compromise
- delay in FIR
- Exclusive Special Judge
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3696 of 2025
Arising Out of PS. Case No.-62 Year-2025 Thana- MOHANPUR District- Gaya
======================================================
Jaicky Kumar @ Jacky Kumar @ Jaicky Kumar Yadav Son of Late Bashudev
Yadav @ Late Manoj Yadav Resident of Village - Mahashimchak (Itwa),
Police Station - Mohanpur, District - Gaya (Bihar).
... ... Appellant/s
Versus
1. The State of Bihar
2. Usha Devi Wife of Kamlesh Manjhi Resident of Village - Mahashimchak
(Itwa), Police Station - Mohanpur, District - Gaya (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Sonam Kumari, Advocate
For the State : Mr. Sadanand Paswan, Spl.P.P.
For the Complainant : Mr. Abhay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 10-02-2026 Heard learned counsel for the appellant and learned
Spl. P.P. for the State.
2. This is an appeal under Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as the “SC/ST Act”) against the refusal
of prayer for bail vide order dated 27.08.2025 in B.P. No. 2977
of 2025 passed by the learned Exclusive Special Judge S.C./S.T.
(POA) Act, Gayaji in connection with Mohanpur P.S. Case No.
62 of 2025 registered for the offences punishable under Sections
126(2), 115(2), 64(1) & 352 of the Bharatiya Nyaya Sanhita and
under Sections 3(1)(r), 3(1)(s), 3(1)(w) and 3(2)(va) of the
SC/ST Act.
3. The case of the complainant, in short, is that the
Patna High Court CR. APP (SJ) No.3696 of 2025(4) dt.10-02-2026
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appellant has committed rape with the complainant.
4. Learned counsel for the appellant submits that date
of the occurrence is 16.02.2025 whereas the FIR has been
lodged on 21.02.2025. There is delay of five days in filing of the
FIR. It has further been submitted that during course of
investigation medical examination of the complainant was
conducted and from the perusal of the medical examination it is
clear that Doctor has opined that it is very difficult to say
whether rape has been committed or not since the victim is
married. Learned counsel for the appellant has submitted that
parties have compromised the case out of the Court as good
sense has prevailed between them.
5. Learned counsel for the complainant is present and
he also admits the compromise between the parties.
6. In view of the submissions made by the learned
counsel for the appellant, the order dated 27.08.2025 in B.P. No.
2977 of 2025 passed by the learned Exclusive Special Judge
S.C./S.T. (POA) Act, Gayaji in connection with Mohanpur P.S.
Case No. 62 of 2025 is hereby set aside and the appellant above-
named, 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 of Exclusive
Patna High Court CR. APP (SJ) No.3696 of 2025(4) dt.10-02-2026
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Special Judge, SC/ST Act, Gayaji, passed in B.P. No. 2977 of
2025, arising out of Mohanpur P.S. Case No. 62 of 2025.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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