Kaushal KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.611 of 2026
                     Arising Out of PS. Case No.-28 Year-2025 Thana- MEHANDIGANJ District- Patna
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                 Kaushal Kumar Son of Ravindra Nath Thakur @ Rabindra Kumar @ Bauna
                 Thakur Resident of Village - Vidhipur, P.S. - Salimpur, Dist.- Patna.

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Shobha Kumari @ Shobha Devi W/o Kamlesh Kumar Das Resident of
                 Village - Vidhipur, P.S. - Salimpur, Dist.- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mrs. Nivedita Nirvikar, Sr. Advocate
                                         :       Mr. Arya Achint
                 For the Respondent/s    :       Mr. Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   30-04-2026                     Heard learned Senior Counsel for the appellant and

                   learned Spl.P.P. for the State.

                               2. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for regular bail by order dated 21.01.2026

                   passed by the learned Exclusive Special Judge, SC/ST (POA)

                   Act, Patna in connection with Mehandiganj P.S. Case No. 28 of

                   2025 registered under Sections 70(1) and 3(5) of the BNS, 2023

                   and Section 3(1)(w) of the Scheduled Castes and Scheduled

                   Tribes Act (Prevention of Atrocities) Act.

                               3. The case of the prosecution, in brief as disclosed in

                   the written statement of the informant i.e Shobha Devi is that on

                   26/02/2025 two boys from the same village namely Bajrangi
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          Kumar aged 25 Years and Kaushal Kumar @ Bauna Thakur

          took obscene pictures of the Informant while she was changing

          clothes at her home. On the pretext of deleting those photos they

          lured the informant to come to Patna, then the photos would be

          deleted. The informant fell in the trap and went to Patna with

          them. Both the accused took the informant to Oyo Hotel

          Paijawa Mehndiganj located next to Dinovali School at around

          4.30 Pm. Before the informant could do anything she was raped

          by both the accused. Subsequently, accused Kausal Kumar made

          the informant sit on his motorcycle and took her to the

          Informant's mother house located in Khushrupur. She went and

          narrated about the incident to her family members and

          accordingly On 28/02/2025 she submitted a written application

          Mehandiganj P.S.

                      4. Learned Senior Counsel for the appellant submits

          that appellant has clean antecedent and is innocent and has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the appellant has not committed any offence as

          alleged in the FIR. It is next submitted that although the victim

          has stated in her statement recorded under Section 183 of BNSS

          that the appellant and other co-accused persons have committed
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          rape upon her. Learned Senior Counsel for the appellant further

          submits that the trial has began and the informant’s deposition

          has been recorded as PW-1 on 11.12.2025 in which she has

          particularly stated in her cross-examination that she has made

          physical relation with the appellant and the accused persons

          with her own will and when the in-laws came to know about the

          incident then she filed a false case against the appellant. It is

          next submitted that apart from aforesaid she has also stated that

          the appellant has not abused by taking caste name and the

          appellant is in custody since 02.03.2025.

                      5. Learned Special Public Prosecutor for the State

          have vehemently opposed the prayer for bail of the appellant.

                      6. Considering the aforesaid facts and circumstances

          of the case, let the appellant, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of

          learned Exclusive Special Judge, SC/ST (POA) Act, Patna in

          connection with Mehandiganj P.S. Case No. 28 of 2025 with

          other following conditions:-

                      i. Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and
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                     on his absence on two consecutive dates without sufficient

                     reason, his bail bond shall be cancelled by the Court below.

                                 ii. If the appellant tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.

                                 iii. And further condition that the court below shall

                     verify the criminal antecedent of the appellant and in case at any

                     stage it is found that the appellant have concealed his criminal

                     antecedent, the court below shall take step for cancellation of

                     bail bond of the appellant. However, the acceptance of bail

                     bonds in terms of the above-mentioned order shall not be

                     delayed for purpose of or in the name of verification.

                                  7. Accordingly, the impugned order is set aside and

                     this appeal stands allowed.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T