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Patna High Court

RINKU YADAV @ JAY KRISHNA YADAV @ JAYKRISHNA KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order refusing anticipatory bail is set aside and anticipatory bail is granted to the appellant.

Summary

The appellant, Rinku Yadav, appealed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the lower court's refusal to grant anticipatory bail in a case involving alleged offences under the IPC and the SC/ST Act. The appellant claimed a clean antecedent and argued that the informant's complaint was delayed by ten months, casting doubt on the prosecution's case. He further contended that the alleged assault occurred inside a private residence and that he was falsely implicated. The State opposed the bail, relying on the seriousness of the offences listed. Considering the delay in filing the complaint and the possibility of false implication, the High Court set aside the order refusing bail, imposed bail conditions under Section 482(2) of the CrPC, and allowed the appeal.

Issues considered

  • Whether the refusal of anticipatory bail under Section 14-A(2) of the SC/ST Act is justified in view of the ten‑month delay in filing the complaint and the claim of false implication.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • delay in complaint
  • false implication
  • Criminal Procedure Code
  • IPC offences
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4194 of 2023
                   Arising Out of PS. Case No.-90 Year-2023 Thana- SHANKARPUR District- Madhepura
                 ======================================================
                 RINKU YADAV @ JAY KRISHNA YADAV @ JAYKRISHNA KUMAR
                 S/O NAND KISHORE YADAV VILLAGE PARSA WARD NO 07. PS
                 SHANKARPUR DISTRICT MADHEPURA TOWN

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    RANI DEVI WIFE OF MAHENDRA RAM VILLAGE PARSA WARD NO
                 07. PS SHANKARPUR DISTRICT MADHEPURA TOWN

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Ms. Kumari Rashmi
                 For the Respondent/s   :        Mr. Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   24-03-2026                    1. Heard learned counsel for the appellant and

                   learned Spl. P.P. for the State.

                                  2. No one appears on behalf of the informant.

                                  3. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 17.08.2023 in A.B.P. No. 1160 of 2023 passed by

                   the learned 1st Additional District & Sessions Judge-cum-

                   Special Judge S.C./S.T. (POA) Act, Madhepura in connection

                   with Shankarpur P.S. Case No. 90 of 2023 registered for the

                   offences punishable under Sections 341, 323, 354(B), 380, 504,
Patna High Court CR. APP (SJ) No.4194 of 2023(4) dt.24-03-2026
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          506 and 34 of the Indian Penal Code as well as Sections 3 and 4

          of the SC/ST Act.

                          4. Learned counsel for the appellant submits that

          appellant is a person with clean antecedent and the informant

          alleges that she had gone to attend call of nature when wife of

          Rinku started abusing, on objection, Rinku assaulted her by lathi

          and tore her saree, but she fled and came back home, where

          accused persons and Rinku along with Nand Kishore dragged

          her to the courtyard and dashed her on the ground and assaulted

          by fist, leg and danda till she became unconscious.

                          5. Learned counsel for the appellant submits that

          the appellant has been falsely implicated in the instant case by

          the informant. It is next submitted that the date of occurrence is

          16.01.2022 and a complaint case came to be instituted ten

          months thereafter on 11.11.2022 and based on which the instant

          FIR came to be instituted on 01.06.2023, as such, it is submitted

          that delay in instituting the complaint case itself casts an

          aspersion on the case of the prosecution. It is further submitted

          that even presuming what has been alleged is true without

          admitting then the occurrence of assault is alleged in the house

          of the informant, thus, was not in public view.

                          6. Learned Spl. P.P. for the State opposes the
            Patna High Court CR. APP (SJ) No.4194 of 2023(4) dt.24-03-2026
                                                         3/3




                      appeal.

                                      7. In view of the submissions made by the learned

                      counsel for the appellant and also taking into consideration the

                      fact that a complaint case was instituted after delay of 10

                      months. the order dated 17.08.2023 in A.B.P. No. 1160 of 2023

                      passed by the learned 1st Additional District & Sessions Judge-

                      cum-Special Judge S.C./S.T. (POA) Act, Madhepura in

                      connection with Shankarpur P.S. Case No. 90 of 2023, is hereby

                      set aside and the appellant above-named, in the event of his

                      arrest or surrender within a period of six weeks from today, be

                      released on anticipatory bail on furnishing bail bonds of Rs.

                      5,000/- (Rupees Five 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

                      Shankarpur P.S. Case No. 90 of 2023 subject to the conditions

                      as laid down under Section 482 (2) of the BNSS.

                                      8. Accordingly, the appeal stands allowed.



                                                               (Satyavrat Verma, J)
Rishabh/-

U      T


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