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Patna High Court

Amul AnandversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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