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Patna High Court

Guddu Yadav @ Guddu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted pre‑arrest bail to both petitioners subject to conditions under Section 482(2) of the BNSS Act.

Summary

The petitioners, Guddu Yadav (20 years old) and Ramkrit Yadav, were charged under sections 126(2), 115(2), 352, 74, 75, 78(2) of the BNSS Act, sections 8 and 12 of the Protection of Children From Sexual Offences Act, and section 3(i)(r)(s)(2)(va) of the SC/ST Act for allegedly molesting a minor victim. They pleaded innocence, arguing that the younger petitioner was a recent adult and subject to natural psychological and physiological changes, and that the co‑accused had no connection to the offence. The State opposed pre‑arrest bail, contending that the victim’s statement did not support the prosecution. The Court, relying on the Madras High Court decision in Vijayalakshmi & Anr. vs. State Rep. (2021) SCC OnLine Mad 317, held that the petitioners’ age and clean antecedent warranted bail. Accordingly, both were released on pre‑arrest bail upon furnishing a Rs 10,000 bond with two sureties, subject to Section 482(2) of the BNSS Act and verification of any other criminal antecedents.

Issues considered

  • Whether pre‑arrest bail should be granted to accused persons charged with sexual offences against a minor and offences under the SC/ST Act.
  • Whether the petitioner’s age and alleged psychological immaturity justify bail despite serious charges.
  • Whether the victim’s statement under Section 183 of the BNSS Act undermines the prosecution’s case.

Legislation cited

Subjects

  • pre‑arrest bail
  • sexual offences
  • child protection
  • SC/ST Act
  • age factor
  • psychological immaturity
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45436 of 2025
                    Arising Out of PS. Case No.-181 Year-2025 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
           1.     Guddu Yadav @ Guddu Kumar S/O Ramkrit Yadav R/O Vill.- Chandraheta,
                  Kerap, P.s.- Rafiganj, Dist.- Aurangabad
           2.    Ramkrit Yadav S/O Prayag Yadav R/O Vill.- Chandraheta, Kerap, P.s.-
                 Rafiganj, Dist.- Aurangabad

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Bindiya Kumari D/O Indal Paswan R/O Vill.- Chandraheta, P.s.- Rafiganj,
                 Dist.- Aurangabad

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Lalbahadur Singh, Advocate
                 For the Opposite Party/s :       Ms. Usha Kumari 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

6   21-01-2026                      Heard Mr. Lalbahadur Singh, learned counsel

                   appearing on behalf of the petitioners and Ms. Usha Kumari 1,

                   learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Rafiganj P.S. Case No. 181/2025 registered for the

                   offence(s)                 punishable              under               Sections

                   126(2),115(2),352,74,75,78(2) of the BNS; Sections 8,12 of

                   Protection of Children From Sexual Offences Act and Section

                   3(i)(r)(s)(2)(va) of SC/ST Act.

                                3. As per the allegation made in the FIR, on

                   23.04.2025, victim along with another minor victim had gone
Patna High Court CR. MISC. No.45436 of 2025(6) dt.21-01-2026
                                            2/4




          for defecation, when petitioner no.1 namely Guddu Yadav

          forcibly caught hold of victim, molested her and attempted to

          drag her away. On resistance and alarm raised by the victims,

          villagers rushed to the spot, whereupon the accused fled away

          after issuing threats. Subsequently, when the informant’s family

          protested at the house of the accused, co-accused Ramkrit Yadav

          along with his family members allegedly assaulted the

          informant’s family and hurled abusive and caste-based insults

          and during inquiry both the victims have supported the

          prosecution case in their statements recorded under Section 183

          of the BNSS Act.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that the petitioners are innocent and they

          have falsely been implicated in the present case. The petitioner

          no.1 has just emerged as an adult, being aged about 20 years and

          natural attraction for the opposite sex cannot be denied coupled

          with the several psychological and physiological change person

          undergo. He submitted that the petitioner no.2 is nowhere

          connected with the alleged offence and is innocent.         The

          petitioners have clean antecedent. On these grounds, the

          petitioners seek to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the
Patna High Court CR. MISC. No.45436 of 2025(6) dt.21-01-2026
                                            3/4




          prayer for grant of pre-arrest bail. However, he submitted that

          the victim in her statement recorded under Section 183 of BNSS

          has not supported the prosecution story.

                       6. Having considered the rival submissions made on

          behalf of the parties, as well, having perused the allegation

          made in the FIR and the fact that the petitioner, who is about 20

          years old, has just emerged as an adult, going through

          psychological, physiological, as well as, biological changes and

          infatuation and attraction for the opposite sex is natural and he

          may be unaware of the rigors of his wrong doing. Consideration

          in this regard can be made in light of the law laid down by the

          Madras High Court in the case of Vijayalakshmi & Anr. vs.

          State Rep. by the Inspector of Police & Anr. reported in (2021)

          SCC OnLine Mad 317. The petitioner no.2, above named, also

          having clean antecedent, are directed to be released on pre-arrest

          bail, in the event of their arrest or surrender before the learned

          District Court within a period of four weeks from today, on

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

          each with two sureties of the like amount each to the satisfaction

          of learned District Court where the case is pending in

          connection with Rafiganj P.S. Case No. 181/2025, subject to the

          conditions as laid down under Section 482(2) of the BNSS.
           Patna High Court CR. MISC. No.45436 of 2025(6) dt.21-01-2026
                                                       4/4




                                  7. The learned District Court is directed to verify

                     the criminal antecedent of the petitioners and if it is found

                     that the petitioners are involved in some other cases, as

                     what has been stated in paragraph no.3 of the bail

                     application, this order will automatically lose its force.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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