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Patna High Court

Yashwant Kumar RajversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and bail is granted to the appellant with specified conditions, setting aside the lower court’s refusal.

Summary

The appellant Yashwant Kumar Raj was charged under several sections of the Bihar Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged sexual assault, kidnapping, and caste‑based harassment of a woman who claimed he forced a relationship and threatened her family. The victim filed a complaint and the Special Judge refused regular bail, prompting the appellant to appeal under Section 14(A)(2) of the SC/ST (POA) Act alleging that the FIR was fabricated and that the victim was an adult who had consented to the relationship. The State opposed bail, emphasizing the seriousness of the offences and the victim’s testimony recorded under Section 183 of the BNSS. The High Court examined the material, found no merit in the claim of fabrication, but considered the bail jurisprudence and the appellant’s right to liberty, and therefore granted bail with stringent conditions including cooperation with the trial and verification of criminal antecedents. The court set aside the lower court’s order and allowed the appeal, directing that bail bonds be furnished immediately.

Issues considered

  • Whether the appellant is entitled to regular bail under Section 14(A)(2) of the SC/ST (POA) Act despite the grave nature of the offences alleged.
  • Whether the FIR and the victim’s statements constitute a genuine case or are fabricated as claimed by the appellant.
  • Whether the conditions imposed by the court are sufficient to safeguard the trial and protect the victim’s interests.

Legislation cited

Subjects

  • regular bail
  • SC/ST (POA) Act
  • sexual assault
  • caste based harassment
  • fabricated FIR
  • criminal procedure
  • appeal
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.629 of 2026
                    Arising Out of PS. Case No.-78 Year-2025 Thana- MAHILA P.S. District- Samastipur
                 ======================================================
                 Yashwant Kumar Raj Raj Kumar Azad R/O - Village Khukhanda, P.s-
                 Hasanpur District- Samastipur. Permanent Resident -Village Belsandi, P.s -
                 Bithan, District- Samastipur
                                                                           ... ... Appellant
                                                   Versus
           1.     The State of Bihar
           2.     X D/O Y R/O - Village - Kokani, P.s- Hasanpur District- Samastipur.
                                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ajay Kumar Thakur
                                         :        Mr. Purushottam Kumar
                 For the Respondent/s    :        Mr. Sadanand Paswan
                 For the Informant       :        Mr. Shubhesh Pandey
                                         :        Mr. Amit Kumar Mishra
                                         :        Mr. Vinit Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   30-04-2026                    Heard learned counsel for the appellant, learned

                   counsel for the respondent no.2 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 02.01.2026

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

                   Samastipur in connection with Mahila P.S. Case No. 78 of 2025

                   registered under Sections 126(2), 127(2), 115(2), 69, 352,

                   351(2) of the BNS, 2023 and Sections 3(1)(r), 3(1)(s), 3(1)(w)

                   and 3(2)(va) of the Scheduled Castes and Scheduled Tribes Act

                   (Prevention of Atrocities) Act.

                               3. The case of the prosecution, in brief, is that is one

                   "X" (O.P.No.2) lodged written report addressed to the Officer

                   Incharge of Mahila Police Station, Samastipur stating therein
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          inter alia, that she was knowing one Yashwant Kumar Raj for

          last 4-5 years and sometimes they used to talk. Yashwant Kumar

          was married person but she did not have knowledge about the

          same and upon knowing about it when she confronted him then

          he stated that he has divorced his wife and they started talking

          regularly and thereafter started meeting each other. This year her

          family members fixed her marriage at some other place, After

          coming to know about which Yashwant got the said marriage

          broken. Thereafter under pretext of marriage he took her to

          Danapur on 16.9.2025 and without marriage established

          physical relation. Thereafter he brought her to Samastipur and

          kept her in a rented room where continuously he established

          physical relation with her. When she used to ask for marriage

          either in temple or court, he used to ignore the same. In order to

          avoid any question from the landlord he asked her to put

          vermilion and wear Mangalsutra and also stated that after

          Bhadwa he will perform marriage. After about a month he did

          not perform marriage and she started pressurizing for the same

          on which she was abused and assaulted and he also broken her

          mobile and locked her in room. He also gave threatening that if

          she would flee then her family member will be killed. On

          20.10.2025 he came at her room and she stated that she want, to
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          go home, on which he abused and assaulted her and also hurled

          caste based remarks and stated that he will never marry her and

          will treat her as his keep. He further abused her brother also and

          threatened to shoot him. On the same night he was talking to

          someone with regard to selling a girl and upon hearing the same

          she became scared. On 21.10.2025 seeing an opportunity she

          fled from the room and went to his friend's house in Samastipur

          where her mother and brother came and she disclosed about the

          occurrence to them and thereafter she s has come to police

          station and giving this application.

                      4. Learned counsel for the appellant submits 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.

          Learned counsel for the appellant submits that it has come

          during investigation that the appellant was in touch with the

          victim since last ten years and it appears from the statement of

          the victim recorded under Section 183 of BNSS that the victim

          has wilfully made physical relation with the appellant and due to

          some petty dispute the informant/victim has filed the present

          case against the appellant and it has come also during

          investigation that the victim has become pregnant despite that

          she has made physical relation with the appellant and she has
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          not complaint anywhere since last ten years and it appears from

          the FIR itself that the victim was major and is more than 22

          years old. It is next submitted that police after investigation has

          submitted charge-sheet and the appellant is in custody since

          26.10.2025.

                      5. Learned counsel appearing on behalf of the

          respondent no.2 and the learned Special Public Prosecutor for

          the State on the basis of materials available on record and the

          case diary have vehemently opposed the prayer for bail of the

          appellant and submit that appellant has committed wrong with

          her and apart from aforesaid from perusal of the statement of the

          victim recorded under Section 183 of BNSS it suggests that the

          appellant has made physical relation with her from several past

          years.

                      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 Special Judge, SC/ST (POA) Act, Samastipur in

          connection with Mahila P.S. Case No. 78 of 2025 with other

          following conditions:-

                      i. Appellant shall co-operate in the trial and shall be
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                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     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


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