Patna High Court
SANTOSH KUMAR YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
Santosh Kumar Yadav applied for anticipatory bail after being implicated in a FIR alleging forced sexual intercourse, assault and other offences under Sections 64, 74, 351(2), 115(2) and 3(5) of the BNSS. The informant, Sahana Khatoon, claimed the petitioner abducted her, assaulted her and forced a sexual act, but the investigating officers reported that the rape allegation was not corroborated. The petitioner argued he had a clean record and that the parties had reached a compromise. The State opposed the bail, while the informant's counsel did not oppose. The Court, after hearing counsel, granted anticipatory bail subject to a bond of Rs.5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, dispensing with the personal appearance of police officers.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the serious allegations in the FIR.
- Whether the lack of corroboration of the rape allegation and the alleged compromise affect the grant of bail.
Legislation cited
- BNSS — s. 115(2), 3(5), 351(2), 482(2), 64, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- rape allegation
- FIR
- compromise
- Section 438
- Criminal Procedure Code
- Bihar
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80927 of 2025
Arising Out of PS. Case No.-92 Year-2025 Thana- MAHILA PS District- Darbhanga
======================================================
SANTOSH KUMAR YADAV S/o Rama Yadav @ Ram Yadav Resident of
Village -Trimuhani, Police Station- Bahera, District- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sahana Khatoon D/o Mofid Nadaf R/o Village- Kopi Trimuhani, P.S.-
Baheda, District- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Sri Nawal Kishore Agrawal, Sr. Advocate
Sri Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Sri Tarun Prasad Mandal, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 27-02-2026 1. Heard Sri Nawal Kishore Agrawal, learned Senior
Counsel for the petitioner, learned A.P.P. for the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 64, 74,
351(2), 115(2) and 3(5) of the BNS.
3. The Station House Officer and the Investigating
Officer of the case, in compliance of the order dated 19.02.2026,
are present in the Court.
4. Learned Senior Counsel appearing on behalf of the
petitioner submits that petitioner is a person with clean
antecedent and the informant alleges that she was in a
relationship with the petitioner for the last two years and on
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08.07.2025 she was going to take her exam at Bahera College
when petitioner along with Raushan and Gautam intercepted her
and forcibly took her to an orchard where petitioner established
physical relation forcefully and on objection Raushan assaulted
her and tried to force on her and thereafter they left her at
Dharoura Chowk and fled away.
5. Learned Senior Counsel for the petitioner submits
that from perusal of the allegation as alleged in the FIR, it
would manifest that petitioner and the victim were in love. It is
further submitted that from perusal of Annexure-2 to the
anticipatory bail application, it would manifest that informant
after instituting the instant FIR filed an application in the Court
of learned Sub-Divisional Judicial Magistrate, Darbhanga
wherein she has stated that on 08.07.2025 while she was going
to give her exam when she met with the petitioner and asked
him to drop her to the Centre but the petitioner refused on which
there was an altercation, as such, the petitioner slapped her,
hence, she came back home leaving her examination and the
next day instituted the instant FIR. It is next submitted that from
perusal of Annexure-3, it would manifest that on intervention of
well-wishers, the parties have compromised the case.
6. The Station House Officer and the Investigating
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Officer of the case, who are present in the Court, also submit
that during the course of investigation, the allegation of rape
was not corroborated.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. Learned counsel appearing on behalf of the
informant also submits that he has instruction not to oppose the
anticipatory bail application.
9. After hearing the learned counsel for the parties, let
the petitioner 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 Mahila P.S. Case
No. 92 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the BNSS.
10. The personal appearance of the Station House Officer
and the Investigating Officer of the case is dispensed with.
(Satyavrat Verma, J)
Kundan/-
U T
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