Patna High Court
Raja Kumar @ Raja YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed and bail is granted to the appellant under Section 14A(2) of the SC/ST Act.
Summary
The appellant, Raja Kumar, was charged with rape and related offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the POCSO Act, based on the informant's allegation that he and co‑accused abducted and raped her on 30‑08‑2024. The trial court refused bail on 27‑05‑2025. The appellant contended that he was falsely implicated, that the victim’s statement did not name him, and that medical evidence did not corroborate the rape allegation. He also pointed to the regular bail granted to co‑accused in similar cases. The State and the informant opposed the bail, arguing that a prima facie case existed. The High Court, applying Section 14A(2) of the SC/ST Act, set aside the trial court’s refusal and ordered bail on a Rs 5,000 bond with two sureties, thereby allowing the appeal.
Issues considered
- Whether the appellant is entitled to bail under Section 14A(2) of the SC/ST Act despite the serious nature of the alleged offences.
- Whether the evidence on record, including the victim’s statement and medical report, establishes a prima facie case against the appellant.
- Whether the bail decisions in the cases of co‑accused are determinative for the appellant’s bail application.
Legislation cited
- B.N.S. — s. 137(2), 70(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r), 3(1)(wi), 3(2)(v)
Subjects
- bail
- SC/ST Act
- rape
- POCSO Act
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4706 of 2025
Arising Out of PS. Case No.-123 Year-2024 Thana- MADHEPUR District- Madhubani
======================================================
Raja Kumar @ Raja Yadav S/o Sukhdev Yadav R/o Village- Agargarha, P.S -
Marauna, District - Supaul
... ... Appellant/s
Versus
1. The State of Bihar
2. Sanju Devi D/o Shiv Kumar Yadav R/o Village - Kaparphora, Mahisam,
Ward No. 10, P.S - Madhepur, District - Madhubani
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Jitendra Kumar Bharti, Advocate
Ms. Nitu Kumari, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Special PP
For the Informant : Mr. Rohit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 08-05-2026 1. Heard learned counsel for the appellant, the learned
APP for the State and the learned counsel appearing on behalf of
the informant.
2. This is an appeal under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter in short referred to as the
SC/ST Act) against the refusal of prayer of bail vide order dated
27.05.2025 passed by the learned District & Additional Sessions
Judge-1-Cum- Special Judge, SC/ST Act, Madhubani in G.R.
No. 133 of 2024 connection with Madhepur P.S. Case No.
123/2024 dated 30.08.2024 registered for the offences
punishable under Sections 137(2) and 70(2) of the B.N.S read
Patna High Court CR. APP (SJ) No.4706 of 2025(4) dt.08-05-2026
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with Sections 3(1)(r), 3(1)(wi) and 3(2)(v) of the SC/ST Act and
Sections 4 and 6 of the POCSO Act.
3. The learned counsel for the appellant submits that
appellants is a person with clean antecedent and is in custody
since 27.05.2025 and the informant alleges that on 29.08.2024
at around 10 pm, the informant had gone to Bochhi Dhalan with
her sister-in-law and some girls of the village to see the
Janmashtami fair, while visiting the fair, her sister-in-law and
others got separated in the fair, when the informant was
returning to home, the appellant along with co-accused and
others started following her and at around 2 O'clock in the night,
five people riding two motorcycles intercepted her and Abhay
Kumar Yadav and his companions tied her mouth with a dupatta
and made her sit on the motorcycle forcefully and took her to
Agarraha Gachi, where all the accused persons committed raped
in turn and when the informant’s health started deteriorating,
they left her near Belwa dam and fled away
4. Learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant. It is further submitted that statement of the victim
was recorded under Section 183 BNSS wherein she has not
stated the name of the appellant in the crime alleged, it is also
Patna High Court CR. APP (SJ) No.4706 of 2025(4) dt.08-05-2026
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submitted that the medical examination of the informant was
done on 01.09.2024 when the occurrence is dated 30.08.2024
and the injury report does not corroborate the allegation of rape.
It is also submitted that similarly situated co-accused Raju
Yadav along with Jyotish Yadav had approached this Court
seeking regular bail by filing Criminal Appeal (SJ) No. 1977 of
2025 and the same came to be allowed by an order dated
24.07.2025 passed by a learned Co-ordinate Bench, further Ram
Sagar Yadav and Abhay Kumar Yadav also sought regular bail
by filing Criminal Appeal (SJ) No. 418 of 2025 and the same
also came to be allowed by an order dated 08.05.2025 passed by
a learned Co-ordinate Bench. It is next submitted that case of
the appellant is similar to the case of those who have been
granted the privilege of regular bail.
5. Learned Spl. P.P. for the State as well as learned
counsel for the informant opposes the appeal. Learned counsel
appearing on behalf of the informant submits that charge sheet
has been submitted and cognizance has been taken, as such, a
prima facie offence is made out, on which the learned counsel
appearing on behalf of the appellant submits that this explains
that how police in mechanical manner investigates and the
learned Trial Court also takes cognizance without appreciating
Patna High Court CR. APP (SJ) No.4706 of 2025(4) dt.08-05-2026
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the facts which have transpired in the investigation.
6. In view of the submissions made by the learned
counsel for the appellant, the order dated 27.05.2025 passed by
the learned District & Additional Sessions Judge-1-Cum-
Special Judge, SC/ST Act, Madhubani in G.R. No. 133 of 2024
connection with Madhepur P.S. Case No. 123/2024, is hereby
set aside and the appellant above-named, is directed to be
enlarged on 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 Trial Court where the case is
pending/successor court in connection with Madhepur P.S. Case
No. 123 of 2024.
7. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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