IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4938 of 2025 Arising Out of PS. Case No.-210 Year-2025 Thana- PARAIYA District- Gaya ====================================================== 1. Mahesh Yadav S/O Kail Yadav R/O Village- Dhankawa, Police Station- Paraiya, Distt.- Gaya. 2. Munni Devi W/O Mahesh Yadav R/O Village- Dhankawa, Police Station- Paraiya, Distt.- Gaya. 3. Guddu Kumar S/O Mahesh Yadav R/O Village- Dhankawa, Police Station- Paraiya, Distt.- Gaya. 4. Virendra Kumar @ Birendra Kumar S/O Ramjatan Yadav @ Ram Jatan Yadav R/O Village- Dhankawa, Police Station- Paraiya, Distt.- Gaya. ... ... Appellant/s Versus 1. The State of Bihar 2. Nilam Kumari D/O Rajendra Das R/O Village- Dhankawa, P.S- Paraiya, Dist.- Gaya. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Aryan Singh, Advocate For the Respondent/s : Mrs. Usha Kumari 1, APP For the Informant : Mr. Priyadarshi Pankaj Raj Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 19-02-2026 Heard learned counsel for the appellants, learned Special Public Prosecutor for the State and learned counsel for the informant. Perused the case diary. 2. The instant appeal has been filed by the appellants against the order dated 14.11.2025 passed by learned Exclusive Patna High Court CR. APP (SJ) No.4938 of 2025(4) dt.19-02-2026 2/4 Special Judge, SC/ST, Gaya Ji whereby the prayer for anticipatory bail of the appellants in connection with Paraiya P.S. Case No. 210 of 2025 under Sections 115(2), 69, 88, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(1)(w) and 3(2)(va) of the SC/ST Act was rejected. 3. Prosecution case, in short, is that co-accused Bittu Kumar allegedly established physical relations with the informant on false promise of marriage, resulting in two abortions, and later refused to marry her. It is further alleged that co-accused Bittu Kumar and his family members assaulted, abused, and threatened the informant when she insisted on marriage. 4. Learned counsel for the appellants submits that the appellants have falsely been implicated in the present case. Learned counsel for the appellants submitted that from perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the specific allegation of establishing physical relationship with the victim on the pretext of marriage is against co-accused Bittu Kumar. He further submitted that nothing has been whispered against the appellants in Section 183 BNSS statement of the victim. Learned counsel for the Patna High Court CR. APP (SJ) No.4938 of 2025(4) dt.19-02-2026 3/4 appellants further submits that the appellants have not taken the caste name of the informant in public view, hence, no offence under the provisions of SC/ST Act is made out against them. The appellants have no intention to disgrace the image of the informant in public view. Charge-sheet has been submitted in this case. The appellants have no criminal antecedent. 5. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellants. 6. Considering the aforesaid facts and circumstances of the case as also there being no material against the appellants in Section 183 BNSS statement of the victim and the period of custody undergone by the appellants, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 14.11.2025 passed by learned Exclusive Special Judge, SC/ST, Gaya Ji, in connection with Paraiya P.S. Case No. 210 of 2025 is hereby set aside. 7. Considering the aforesaid facts and circumstances of the case, let the appellants above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) Patna High Court CR. APP (SJ) No.4938 of 2025(4) dt.19-02-2026 4/4 with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Paraiya P.S. Case No. 210 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. Alok Verma/- (Rudra Prakash Mishra, J) U T