Patna High Court
Dharmendra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
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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
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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
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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
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