Patna High Court
Radhe Shyam SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Petitioner Radhe Shyam Singh was arrested in a case alleging rape under Section 376(D)(A) of the IPC and Sections 4 and 6 of the POCSO Act. He contended that in three earlier cases against him, police investigations concluded with final reports exonerating him, and that the present case was similarly false, being filed by an informant at his brother's behest. The police investigation in the present case also submitted a final report clearing the petitioner, but the trial court nonetheless took cognizance of the FIR. The petitioner applied for anticipatory bail, arguing that the police report negated any ground for his arrest. The State and the informant opposed the bail but could not rebut the claim of police exoneration. The High Court, considering the lack of corroborative medical evidence and the police’s concluding report, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted when the investigating police have submitted a final report exonerating the accused.
- Whether a court can take cognizance of an FIR despite a police exoneration report.
- Applicability of Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 376(D)(A)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- anticipatory bail
- rape
- POCSO
- police exoneration report
- Section 438 CrPC
- Section 482 BNS Act
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72097 of 2025
Arising Out of PS. Case No.-46 Year-2024 Thana- ANDHRAMATH District- Madhubani
======================================================
Radhe Shyam Singh S/O Late Juthai Singh R/O Village- Mirzapur, P.S -Parsa,
District - Saran At Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX D/O Ram Sewak Ram R/O Village- Nebua, P.S- Anathra Math,
Distt.- Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parmod Ban Bihari Singh, Advocate
For the Opposite Party/s : Mr. Chandrabhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-04-2026 Heard learned counsel for the petitioner, learned A.P.P.
for the State and learned counsel appearing on behalf of the
informant.
2. Petitioner apprehends his arrest in a case registered for
the offence punishable under Section 376 (D) (A) of the Indian
Penal Code and Section 4, 6 of POCSO Act.
3. Learned counsel appearing on behalf of the petitioner
submits that petitioner had antecedent of three cases but then in all
the cases, police after after investigation submitted final form
exonerating the petitioner of the allegation, it is next submitted that
all the three cases were instituted by different informant at the
behest of his brother, it is next submitted that instant case also has
been instituted by the informant at the behest of his brother with an
Patna High Court CR. MISC. No.72097 of 2025(3) dt.21-04-2026
2/3
allegation that accused person including the petitioner entered her
house on 29.02.2024 at 1 a.m. and raped her in turn, further
petitioner is an L.I.C. Agent, it is next submitted that petitioner has
been falsely implicated in the instant case, it is next submitted that
it absolutely does not stand to reason that as to why the petitioner
would have gone to the house of the informant for committing
occurrence of rape when he is known to her, it is next submitted
that the medical report also does not corroborate rape, it is further
submitted that police after threadbare investigation came to a
considered conclusion that the petitioner is innocent and thus
submitted final form exonerating the petitioner of the allegation as
alleged in the F.I.R. but then the learned trial Court in a mechanical
manner took cognizance differing with the police report. It is
further submitted that when one investigating agency after
threadbare investigation came to a considered conclusion that the
petitioner is innocent whether it would be prudent for the Court to
send the petitioner to jail based an order of cognizance which came
to be taken based on the same police report which exonerated the
petitioner of the allegation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner but then is not in a position to
rebut the said submission of learned counsel appearing on behalf of
Patna High Court CR. MISC. No.72097 of 2025(3) dt.21-04-2026
3/3
the petitioner. Learned counsel appearing on behalf of the
informant also opposes the anticipatory bail application of the
petitioner but then is not in a position to rebut the submission of the
learned counsel for the petitioner that in all the 3 cases instituted
against the petitioner, final form was submitted and in the instant
case, police after investigation submitted final form exonerating the
petitioner of the allegation.
5. Considering the aforesaid facts and circumstances of
the case, I am inclined to grant privilege of anticipatory bail to the
petitioner.
6. Let the petitioner, as named above, in the event of his
arrest or surrender within four weeks from today, be enlarged on
bail on furnishing bail bond of Rs.5,000/-(Rupees five Thousand)
with two sureties of the like amount each to the satisfaction of the
learned Additional Sessions Judge 7 cum-Spcial Judge, POCSO,
Madhubani, in connection with Andhraghat P.S. Case No. 46 of
2024, subject to the conditions laid down under section 438(2) of
the Code of Criminal Procedure/Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Satyavrat Verma, J)
sanjeev/-
U T
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