Patna High Court
Amul AnandversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court set aside the lower court's refusal and granted bail to the appellant.
Summary
The appellant, Amul Anand, appealed against the order of the Additional District and Sessions Judge rejecting his bail application in a case registered under Sections 376 and 493 of the IPC and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. The appellant claimed innocence, alleging that the victim was in a consensual relationship with him and that he was falsely implicated. The State and the informant opposed bail, emphasizing the seriousness of the alleged rape and offences under the SC/ST Act. The Patna High Court, after hearing both sides, set aside the lower court's order and granted bail on the condition of a Rs.10,000 bond with two sureties. Consequently, the appellant was ordered to be released on bail pending trial.
Issues considered
- Whether bail should be granted to an accused in a rape case under Sections 376, 493 IPC and Sections 3(1)(r)(s), 3(2)(va) of the SC/ST (POA) Act.
- Whether the alleged consensual relationship between the accused and the victim negates the seriousness of the charges warranting denial of bail.
Legislation cited
- Indian Penal Code — s. 376, 493
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- bail
- rape
- SC/ST (Prevention of Atrocities) Act
- IPC
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.50 of 2026
Arising Out of PS. Case No.-603 Year-2024 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Amul Anand S/o Kamlesh Kumar @ Kamlesh Kumar Prasad R/o Village -
Gaurhapar, P.S - Chandi, District - Nalanda
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Anshu Kumari D/o Naresh Rajak Resident of - Ramchandrapur New
Nalanda Colony, Besides - Royal Public School, Ramchandrapur, P.S -
Laheri, District - Nalanda
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Subodh Kumar
For the Respondent/s : Mr.Sadanand Paswan
For the Informant : Mr. Uttam Kumar Mishra.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-04-2026 Heard the parties including the learned counsel for
the informant.
2. The instant appeal has been filed by the appellant
against the order dated 19.12.2025 passed by the learned
Additional District and Sessions Judge-VI-cum-Special Judge,
SC/ST (POA) Court, Nalanda at Biharsharif whereby the bail
application of the appellant in connection with Laheri P.S. Case
No. 603 of 2024 registered for the offence under Sections 376,
493 of the IPC and under Sections 3(1)(r)(s), 3(2)(va) of SC/ST
(POA) Act, was rejected.
3. The appellant is said to have committed rape with
the victim.
Patna High Court CR. APP (SJ) No.50 of 2026(4) dt.23-04-2026
2/2
4. The appellant is in custody since 15.11.2025.
5. Learned counsel for the appellant has submitted
that the appellant is innocent and has falsely been implicated in
this case. He further submits that from the statement of the
victim girl, it appears that she was in relationship with the
appellant.
6. Learned Special P.P. for the State and informant
have vehemently opposed the prayer for grant of bail to the
appellant.
7. Considering the aforesaid facts, this application is
allowed and accordingly, the order dated 19.12.2025, is hereby
set aside.
8. Let the appellant be released on bail upon
furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Laheri P.S.
Case No. 603 of 2024.
(Sandeep Kumar, J)
Vikas/-
U
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