Created by Fuzzy Cloud

Patna High Court

Anil Yadav @ Anil KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused bail, holding that the seriousness of the allegations and the specific charges warranted denial of the petition.

Summary

Anil Yadav applied for bail after being arrested on 26‑09‑2025 in connection with a FIR alleging attempted rape of a minor, offences under Sections 126(2), 74, 352, 351(2) of the B.N.S., 2023, Section 3(1)(r) of the SC/ST Act and Sections 8 and 12 of the POCSO Act, 2012. The petitioner claimed the case was fabricated because he had earlier given a loan of Rs. 15,000 to the informant’s family and alleged a four‑day delay in filing the FIR. The informant and the State contended that the petitioner was caught in a compromising position with the informant’s daughter, who is a 12‑year‑old minor, and that her statement under Section 164 of the Cr.P.C. corroborated the prosecution’s case. The court examined the seriousness of the allegations, the victim’s age, and the specific charges, and concluded that bail could not be granted. Consequently, the petition for bail was dismissed.

Issues considered

  • What is the appropriate decision on the bail application of the accused in a case involving alleged attempted rape of a minor under the POCSO Act and related offences?

Legislation cited

Subjects

  • bail
  • rape
  • minor
  • POCSO Act
  • SC/ST Act
  • false allegations
  • loan dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16618 of 2026
                        Arising Out of PS. Case No.-117 Year-2025 Thana- Sarbahada District- Gaya
                 ======================================================
                 Anil Yadav @ Anil Kumar Son of Ramlakhan Prasad @ Ram Lakhan Prasad
                 Yadav R/o Village - Lachhu Bigha, P.S.- Sarbahada, District - Gaya ji.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Ms. YYY Wife of XXX R/o Village - Khukhri Tola, Prem Bigha, P.O. -
                 Khukari, P.S. and Dist. - Gayaji.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Durgesh Nandan, Advocate
                 For the Informant        :        Mr. Braj Kishore Singh, Advocate
                 For the State            :        Mr. Binay Krishna, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-03-2026                     Heard Mr. Durgesh Nandan, learned counsel for the

                   petitioner, Mr. Braj Kishore Singh, learned counsel for the

                   Informant and Mr. Binay Krishna, learned Spl. P.P. for the State.

                                    2. Petitioner seeks bail, who is in custody since

                   26.09.2025, in connection with Sarbahada P.S. Case No. 117 of

                   2025, F.I.R. dated 24.09.2025 registered for the offences

                   punishable under Sections 126(2), 74, 352, 351(2) of the B.N.S.,

                   2023 and Section 3(1)(r((s) of the SC/ST Act and Sections 8/12

                   of the POCSO Act, 2012.

                                   3. Allegation against the petitioner is that he has

                   tried to commit rape upon the victim.

                                   4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.16618 of 2026(2) dt.16-03-2026
                                            2/3




          the allegation as alleged in the F.I.R. is false and fabricated and

          the petitioner has not committed any offence as alleged in the

          F.I.R. In fact, the petitioner had given the loan of Rs. 15,000/-

          three years ago to the family of the informant so he has lodged

          the false case against the petitioner. He further submits that the

          date of occurrence as alleged in the F.I.R. is 20.09.2025 but the

          present F.I.R. was instituted after delay of four days without

          giving any explanation of delay.

                        5. Learned counsel for the Informant as well as

          learned APP for the State, on the other hand, vehemently

          opposed the prayer for bail of the petitioner and submits that the

          petitioner was apprehended in compromising position with the

          daughter of the informant and apart from the aforesaid the

          statement of the victim was recorded under Section 164 of the

          Cr. P.C./183 of the B.N.S.S. in which she has fully supported the

          case of the prosecution and the date of birth of the victim is

          24.08.2013 which suggests that the victim is only 12 years of

          old at the time of occurrence.

                        6. Considering the aforesaid facts and circumstances

          of the case and there is specific and direct allegation against the

          petitioner, I am not inclined to enlarge the petitioner on bail in

          connection with Sarbahada P.S. Case No. 117 of 2025 pending
           Patna High Court CR. MISC. No.16618 of 2026(2) dt.16-03-2026
                                                       3/3




                     in the Court of learned exclusive Special Judge, POCSO-cum-

                     Additional Sessions Judge-VIIth, Gaya Ji.

                                      7. Prayer is refused.



                                                                   (Rajesh Kumar Verma, J)
Ibrar//-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.