Patna High Court

Shailendra Yadav @ Sailendra Kumar @ Shalendra Kumar YadavversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The court held that, given the lack of corroborated evidence of sexual assault and the petitioner’s clean record, bail must be granted.

Summary

Shailendra Yadav was arrested in a case alleging forcible physical relations, threats to kill, and offences under the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act. The prosecution claimed he forced the victim into sexual contact and threatened her life. The petitioner contended that the dispute stemmed from a consensual love relationship, that the victim’s statement under Section 183 BNSS did not corroborate any sexual assault, and that he only sought marriage. He had no prior criminal record and had been in custody since 29‑06‑2025. The court, noting the absence of corroborated sexual assault allegations, the petitioner’s youth and clean record, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the accused in a case involving alleged forcible sexual relations and threats under the Bharatiya Nyaya Sanhita and POCSO Act.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 329(3), 3(5), 351(2), 352, 65(1)
Protection of Children from Sexual Offences (POCSO) Act — s. 4

Subjects

bail
Bharatiya Nyaya Sanhita
POCSO Act
sexual assault allegation
love relationship
threat to kill
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64633 of 2025
                       Arising Out of PS. Case No.-174 Year-2025 Thana- KATORIYA District- Banka
                 ======================================================
                 Shailendra Yadav @ Sailendra Kumar @ Shalendra Kumar Yadav S/o
                 Basudev Yadav R/o Village - Machauana, P.S - Katoria, District – Banka.
                                                                          ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Sindhu Kumari D/o Dinesh Yadav R/o Village - Rikhiya Rajda, P.S -
                  Katoria, District - Banka
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner        :      Mr. Ravi Prakash Dwivedi, Advocate
                                                  Mr. Saurabh Raj, Advocate
                 For the State            :       Mr. Lalan Kumar, APP
                 For the O.P. No.2        :       Mr. Sudhir Kumar Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   17-02-2026                         Heard learned counsel for the petitioner, learned

                   counsel for the opposite party no.2 and learned APP for the

                   State.

                                      2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 65(1), 329(3), 115(2),

                   352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and

                   Section 4 of the POCSO Act.

                                      3. As per the prosecution case, the petitioner used

                   to make forcible physical relation with the victim and also gave

                   threatening to kill her.

                                      4. It is submitted by learned counsel for the

                   petitioner that the present case arises out of a love relationship

                   between the petitioner and the victim. As a matter of fact, the
            Patna High Court CR. MISC. No.64633 of 2025(6) dt.17-02-2026
                                                        2/2




                      allegations made in the F.I.R. of sexual exploitation does not

                      find corroboration from the statement of the victim recorded

                      under Section 183 BNSS during the course of investigation. The

                      only allegation is that the petitioner wanted to solemnize

                      marriage with the victim and put vermilion on her forehead.

                      There is no allegation of any sexual assault or any other assault

                      whatsoever. The petitioner has no criminal antecedent and has

                      been languishing in custody since 29.06.2025.

                                      5. Learned APP for the State and learned counsel

                      for the opposite party no.2 opposed the bail petition.

                                      6. Taking into consideration the facts and

                      circumstances of the case and also taking into consideration the

                      fact that the petitioner is a young boy, having no criminal

                      witness and there is no allegation of any sexual assault etc., the

                      above named petitioner is directed to be enlarged on bail on

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

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

                      the learned Court below where the case is pending/successor

                      Court in connection with Katoria P.S. Case No.174 of 2025.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T

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