IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2383 of 2025 Arising Out of PS. Case No.-87 Year-2025 Thana- BAHERI District- Darbhanga ====================================================== Gorakh Yadav @ Gaurav Yadav S/O Sakaldev Yadav R/O Village- Dhamad, P.S.- Jale, P.S.- Darbhanga ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Uttam Ram S/O late Srichan Ram R/O Village- Mauhili, P.S.- Baheri, P.S.- Darbhanga ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Durgesh Nandan For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 3 07-08-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State whereas as per the office notes dated 06.08.2025, notice upon respondent no. 2 has been validly served but none appeared on behalf of the respondent no. 2. 2. This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act) against the refusal of prayer of bail vide order dated 16.05.2025 passed by the learned court of Exclusive Special Judge, SC/ST Act, Darbhanga in connection with Baheri P.S. Case No. 87/2025 dated 06.03.2025 registered for the offence/s Patna High Court CR. APP (SJ) No.2383 of 2025(3) dt.07-08-2025 2/3 punishable u/s 137(2), 96 read with Section 3(5) of the B.N.S. and Seciton 3(2)(v) of the SC/ST Act. 3. As per the prosecution case, the appellant and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage. 4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. As per FIR, no member of public was present at the relevant point of time of the incident. There was love affair between the appellant and the victim. Learned counsel has further submitted that no particular caste name has been called by the appellant hence no case is made out under SC/ST Act. The victim in her statement recorded u/s 183 of the B.N.S.S. has stated that she was not forced or seduced to have illicit intercourse with the appellant or another person. The appellant has no criminal antecedent as stated at para 3 of the bail petition. The appellant is in custody since 23.04.2025. 5. Learned Spl. P.P. for the State has vehemently opposed the prayer of bail by submitting that the victim is a minor girl. 6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the Patna High Court CR. APP (SJ) No.2383 of 2025(3) dt.07-08-2025 3/3 learned counsel for the appellant, the impugned order dated 16.05.2025 passed by the learned court of Exclusive Special Judge, SC/ST Act, Darbhanga in connection with Baheri P.S. Case No. 87/2025 is set aside against the appellant. The criminal appeal is allowed. 7. Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court of Exclusive Special Judge, SC/ST Act, Darbhanga in connection with Baheri P.S. Case No. 87/2025. atul/- (Chandra Prakash Singh, J) U T