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Patna High Court

Ayush KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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