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Patna High Court

Manish YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the refusal of anticipatory bail and granted it to the appellant under the conditions prescribed.

Summary

Manish Yadav appealed against the refusal of anticipatory bail in a case registered under Sections 115(2), 69, 89, 352 and 351(2) of the Bihar Negotiable Sale Act and Sections 3(i)(w) and 3(ii)(v‑a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The informant alleged that Yadav had a consensual relationship with her while her husband was alive, later exploiting her after the husband’s death, including an alleged abortion. Yadav contended that the allegations were false, that no offence under the SC/ST Act was made out, and that he would cooperate with the investigation. The Special Public Prosecutor opposed bail but could not refute Yadav’s claim of consensual relations. The Patna High Court, applying Section 14‑A(2) of the SC/ST Act and principles of anticipatory bail under CrPC Section 438, set aside the lower court’s order and granted bail on conditions, thereby allowing the appeal.

Issues considered

  • The applicability of Section 14‑A(2) of the SC/ST Act to grant anticipatory bail.
  • Whether the facts alleged constitute an offence under the SC/ST Act.
  • Whether anticipatory bail should be denied in a case involving alleged exploitation and alleged abortion.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • Section 14‑A
  • false accusation
  • criminal procedure
  • sexual exploitation
  • abortion allegation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.53 of 2026
                  Arising Out of PS. Case No.-44 Year-2025 Thana- MAHILA P.S District- West Champaran
                 ======================================================
                 Manish Yadav Son of Panchanan Yadav R/o Ward No. 1, Tamkuha Daunaha,
                 P.S. - Dhanaha, District - West Champaran.
                                                                       ... ... Appellant/s
                                                    Versus
           1.     The State of Bihar
           2.     Anju Devi Wife of Alok Kumar, D/o Barosa Prasad R/o Village -
                  Singarpatti, P.S. - Padrona, Dist. - Kushinagar, Uttar Pradesh.
                                                                              ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Umesh Kumar Gupta, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  1. Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and learned counsel

                   appearing on behalf of the informant.

                                2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 10.12.2025 in A.B.P. No. 2857 of 2025 passed by

                   the learned 1st District & Additional Sessions Judge-cum-

                   Special Judge, SC/ST (POA) Act, West Champaran at Bettiah in

                   connection with Bagaha Mahila P.S. Case No. 44 of 2025

                   registered under Sections 115(2), 69, 89, 352 and 351(2) of the

                   BNS as well as Sections 3(i)(w) and 3(ii)(v-a) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.53 of 2026(2) dt.03-02-2026
                                             2/4




                       3. Learned counsel for the appellant submits that

          appellant is a person with clean antecedent and the informant

          alleges that she married Alok about six years back. Further, her

          husband went to a foreign country for earning, thus, she came to

          her parental home and opened a shop where she met the

          appellant who used to come to her shop. Further, the appellant,

          on pretext of marriage, started establishing physical relation and

          the same continued for two years. It is next alleged that after the

          death of the husband of the informant, the appellant started

          exploiting her and even got her aborted and about 10-20 days

          back resiled from the marriage and said that now he will not

          bear her expenses.

                       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 from perusal of the

          allegation as alleged in the FIR, it would manifest that

          informant alleges that she was married to Alok about six years

          ago and her husband had gone to a foreign country for earning

          when she came back to her parental home where she came in

          contact with the appellant and thereafter a relationship

          developed and they even established physical relation. It is next

          submitted that when the appellant and the informant came in
Patna High Court CR. APP (SJ) No.53 of 2026(2) dt.03-02-2026
                                             3/4




          contact at that time the husband of the informant was alive, thus,

          there was absolutely no occasion for the appellant to establish

          physical relation on pretext of marriage as marriage could not

          have been performed without divorcing Alok. It is also

          submitted that the relationship was consensual between two

          consenting adults but when the husband of the informant died

          thereafter the instant false case came to be instituted alleging

          that appellant was exploiting her physically and even got her

          aborted but then no documentary evidence on record has been

          brought which could even remotely suggest that informant was

          aborted. It is further submitted that appellant will not abscond

          rather will cooperate in the investigation to prove his innocence.

          It is next submitted that in the nature of allegation as alleged,

          prima facie, no offence under the SC/ST Act is made out.

                       5. Learned Special Public Prosecutor and learned

          counsel appearing on behalf of the informant opposed the prayer

          for anticipatory bail but then are not in a position to rebut the

          submissions of the learned counsel appearing on behalf of the

          appellant that informant came in a relationship with the

          appellant during the time when her husband was alive.

                       6. After hearing the learned counsel for the parties, let

          the appellant, above named, in the event of his arrest or
           Patna High Court CR. APP (SJ) No.53 of 2026(2) dt.03-02-2026
                                                        4/4




                     surrender before the learned Trial Court within a period of six

                     weeks from the date of receipt of the order, be released on

                     anticipatory bail on furnishing bail bond 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

                     in connection with the aforesaid case, subject to the conditions

                     as laid down under Section 438(2) of the Code of Criminal

                     Procedure/482(2) of the BNSS.

                                  7. Accordingly, the impugned order is set aside and

                     this appeal stands allowed.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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