Aditya RajversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.727 of 2026
                    Arising Out of PS. Case No.-406 Year-2025 Thana- ASHTHAWAN District- Nalanda
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                 Aditya Raj S/O Sanjay Yadav @ Sanjay Kumar Resident of Mohalla- Etwari
                 Bazar, P.S.- Bihar Sharif, Dist- Nalanda.
                                                                       ... ... Appellant/s
                                                      Versus
           1.     The State of Bihar
           2.     Shweta Kumari D/O Manoj Kumar R/O Village- Mustafapur, P.S- Asthawan,
                  Distt.- Nalanda.
                                                                    ... ... Respondent/s
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                 Appearance :
                 For the Appellant/s    :        Mr. Ashok Kumar Jha, Advocate
                 For the Respondent/s   :        Mr. Binay Krishna, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026                    1. Heard learned counsel for the appellant and

                   learned Special P.P. for the State, Mr. Binay Krishna and the

                   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 13.01.2026 in A.B.P. No. 2322 of 2025 passed by

                   the learned VI Additional Sessions Judge-cum-Special Judge

                   S.C./S.T. (POA) Act, Bihar Sharif, Nalanda in connection with

                   Asthawan P.S. Case No. 406 of 2025 registered for the offences

                   punishable under Sections 64, 115(2) and 351(2) of the BNS,

                   2023 as well as Sections 3 (i)(r) and 3(2)(v) of the SC/ST Act.

                                  3. Learned counsel for the appellant submits that

                   appellant is a person with clean antecedent and the informant
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          alleges that she was in a relationship with the appellant for the

          last three years and they established physical relation on several

          occasions, further appellant had assured that he will marry her

          in November, 2025, next alleges that when she asked the

          appellant to marry her on 30.11.2025, the appellant refused

          saying that they belong to different caste and he will marry in

          his own caste and will also get dowry.

                           4. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant, it is next submitted that it is not in dispute that

          appellant and informant were in a relationship, but then

          appellant was not aware that informant was married from

          before. It is submitted that informant was married to Mukesh on

          10.12.2021 and had instituted Complaint Case No. 142 of 2023

          against Mukesh and has also filed a Maintenance Case No. 37 of

          2023 on 01.05.2023 under section 125 Cr.P.C, further Mukesh

          had also filed Matrimonial Case No. 257 of 2022 under Section

          9 of the Hindu Marriage Act for restituting his conjugal rights

          with the informant, it is thus submitted that when appellant

          came to know that informant was married from before and

          concealing her earlier marriage had entered into a relationship

          with the informant, as such, he declined to marry, but then the
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                      instant FIR came to be instituted with false allegation.

                                       5. At this stage, learned counsel appearing on

                      behalf of the informant submits that he has instruction not to

                      oppose the anticipatory bail application of the appellant.

                                       6. In view of the submissions made by the learned

                      counsel for the appellant, the order dated 13.01.2026 in A.B.P.

                      No. 2322 of 2025, is hereby set aside and the appellant above-

                      named, in the event of his arrest or surrender within a period of

                      six weeks from today, be released on anticipatory bail on

                      furnishing bail bonds 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/successor

                      court in connection with Asthawan P.S. Case No. 406 of 2025

                      subject to the conditions as laid down under Section 482 (2) of

                      the BNSS.

                                       7. Accordingly, the appeal stands allowed.



                                                         (Satyavrat Verma, J)
Rishabh/-

U      T