Created by Fuzzy Cloud

Patna High Court

Dharmendra Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Dharmendra Kumar Yadav, was charged in Buxar Mahila Police Station Case No. 62 of 2025 for offences under the B.N.S., the POCSO Act and the SC/ST Act, alleging that he sexually exploited a minor girl, obtained her mobile number from her bank records, pretended to marry her, and later married her after she turned adult, with alleged caste-based opposition from his family. The petitioner contended that the allegations were false, asserting that the victim was a major (aged 20‑21) at the time of marriage and that the statement recorded under Section 183 of the B.N.S. was misleading; he also highlighted his clean record and that the investigation had concluded with a charge sheet. The State opposed the bail, emphasizing the seriousness of the charges. The court considered the submissions, the victim's age, the nature of the offences, and the bail bond conditions, and decided to enlarge bail on a bond of Rs. 10,000 with two sureties. Consequently, the bail application was allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under the POCSO Act, SC/ST Act and other serious offences.
  • Whether the victim was a minor at the time of the alleged sexual exploitation and marriage.
  • Whether the evidence and statements recorded under Section 183 of the B.N.S. justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • POCSO
  • SC/ST Act
  • sexual exploitation of minor
  • caste discrimination
  • marriage
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88517 of 2025
                       Arising Out of PS. Case No.-62 Year-2025 Thana- MAHILA PS District- Buxar
                 ======================================================
                 Dharmendra Kumar Yadav Son of Shuvji Singh @ Shivji Yadav Singh
                 Resident of Village- Hakimpur, P.S.- Itarhi in the district of Buxar

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    X D/o Sanjay Ram Resident of Village- Ora, P.S.- Rajpur in the district of
                 Buxar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :       Mr. Usha Kumari 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   03-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State. Although the notice has been validly served

                   upon O.P. No. 2, there is no representation on his behalf.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Buxar Mahila P.S. Case

                   No. 62 of 2025 registered for the offences punishable under

                   Sections 115(2), 126(2), 64(2), 352, 351(2) and 3(5) of the

                   B.N.S., Sections 4, 8 of the POCSO Act and Sections 3(1),(r),

                   (s), 3(2)(va) of the SC/ST Act.

                                3. As per the prosecution case, the victim alleged that

                   she had an account in the State Bank of India and used to

                   withdraw money from the Banking Service Centre operated by
Patna High Court CR. MISC. No.88517 of 2025(4) dt.03-04-2026
                                            2/4




          the State Bank of India, which was managed by the petitioner.

          In October 2023, the petitioner obtained the informant's mobile

          number       from     her    passbook       and Aadhar   Card, began

          communicating with her, and offered certain inducements. Since

          she was a minor, approximately 16 years old at the time, the

          petitioner established a physical relationship with the informant

          under the pretext of marriage. When the informant requested

          him to marry her, the petitioner used to say that she was not yet

          an adult and assured her whenever she becomes adult, he would

          marry her and, thereafter, sexually exploited her for another two

          years. After much pressure, the petitioner married the informant

          (victim) in 2024, after which she willingly entered into a

          physical relationship with him. When the petitioner’s family

          became aware of the relationship, they refused to give their

          consent because the informant belonged to a Scheduled Caste

          community.

                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. It has further been submitted that no such occurrence

          as alleged has ever taken place. It has further been submitted

          that the statement of the victim girl was recorded under Section

          183 of B.N.S.S., wherein she has clearly stated that although
Patna High Court CR. MISC. No.88517 of 2025(4) dt.03-04-2026
                                            3/4




          there was initially a false pretext of marriage, she married with

          the petitioner in the year 2024 after she became an adult and

          was well able to understand the circumstances. The victim does

          not want to reside with this petitioner anymore and hence this

          false allegation has been levelled. Referring to the medical

          report, the learned counsel for the petitioner has submitted that

          the victim's age was assessed to be 20–21 years by the medical

          board on 11.10.2025, therefore, it is clear that when the

          petitioner married the victim, she was a major. Even at the time

          of the initial alleged occurrence in 2022, she was either major or

          on the verge of the majority. It has also been submitted that the

          investigation has been concluded in this case followed by the

          submission of the charge sheet and there is no allegation of

          tampering with evidence against the petitioner. Lastly, It has

          been submitted that the petitioner has clean criminal antecedent

          and is in custody since 17.10.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Considering the aforesaid submissions of the

          parties and taking into account the facts and circumstances of

          the case, let the petitioner above-named, be enlarged on bail on

          furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
              Patna High Court CR. MISC. No.88517 of 2025(4) dt.03-04-2026
                                                          4/4




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

                        learned Court concerned, Buxar, in connection with Buxar

                        Mahila P.S. Case No. 62 of 2025.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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.