Patna High Court
Ayush KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order rejecting bail is set aside and bail is granted to the appellant.
Summary
Ayush Kumar was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act for allegedly having a sexual relationship with the informant Tara Kumari under the pretext of marriage. The Special Judge had rejected his bail application. On appeal, the appellant argued that the relationship was consensual, the victim was an adult, no prior complaint existed, and he had not used the victim’s caste name publicly, thus no offence under the SC/ST Act. The State and the informant opposed bail, contending the allegations amounted to serious offences. The Patna High Court, after considering the facts, custody period, and lack of criminal antecedent, set aside the Special Judge’s order and granted bail on a bond of Rs.15,000 with two sureties. The appeal was allowed and the appellant was released on bail.
Issues considered
- Whether the appellant is entitled to bail pending trial for offences under the Bharatiya Nyaya Sanhita and the SC/ST Act.
- Whether the alleged conduct constitutes an offence under the SC/ST (Prevention of Atrocities) Act, particularly the requirement of using the victim’s caste name or disgracing her.
- Whether the appellant poses a flight risk or a risk of tampering with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 3(5), 351(2), 352, 69
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va), 3(i)(r)(s), 3(w)(i), 3(w)(ii)
Subjects
- bail
- sexual assault
- consent
- SC/ST Act
- Bharatiya Nyaya Sanhita
- caste-based offence
- preliminary hearing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4348 of 2025
Arising Out of PS. Case No.-61 Year-2025 Thana- MAHILA P.S. District- Muzaffarpur
======================================================
Ayush Kumar S/o Shailendra Kumar R/o Village - Balughat, P.S - Town
(Muzaffarpur), District - Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Tara Kumari D/o Raj Kishor Rajak R/o Village - Bari Karbala, P.S - Nagar,
District - Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Suresh Singh, Advocate
For the State : Mr. Sadanand Paswan, APP
For the Informant : Mr. Arvind Prasad Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 22-01-2026 Heard learned counsel for the appellant, learned Special
Public Prosecutor for the State and learned counsel for the
informant.
2. The instant appeal has been filed by the appellant
against the order dated 10.09.2025 passed by learned Special
Judge, SC/ST (PoA) Act, Muzaffarpur whereby the prayer for
bail of the appellant in connection with Muzaffarpur Mahila PS
Case No. 61 of 2025 instituted under Sections 303(2), 69, 352,
351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 3(i)(r)(s), (w)(i), (w)(ii) & 3(2)(va) of SC/ST Act was
rejected.
3. Prosecution case, in short, is that appellant on the
Patna High Court CR. APP (SJ) No.4348 of 2025(3) dt.22-01-2026
2/3
pretext of marriage made sexual relationship with the informant
several times.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. It is
submitted that victim is major and the sexual relationship so
established shall be construed to be consensual in nature. It is
next submitted that no earlier compliant was lodged in this
regard. Learned counsel for the appellant has further placed
reliance on cases of the Hon’ble Supreme Court since reported
in 2018 SCC Online SC-3100 (Dr. Dhruvaram Murlidhar
Sonar versus The State of Maharastra & Ors) and (2019) 9
SCC 608 (Pramod Suryabhan Pawar vs. The State of
Maharashtra and Ors.). Learned counsel for the appellant
further submits that the appellant has not taken the caste name
of the informant in public view. Hence, no offence under the
provisions of SC/ST Act is made out against him. The appellant
has no intention to disgrace the image of the informant in public
view. The appellant is in custody since 22.08.2025 and has no
criminal antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
Patna High Court CR. APP (SJ) No.4348 of 2025(3) dt.22-01-2026
3/3
appellant.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 10.09.2025
passed by learned Special Judge, SC/ST (PoA) Act, Muzaffarpur
is hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Muzaffarpur Mahila
PS Case No. 61 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…