IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5078 of 2025 Arising Out of PS. Case No.-163 Year-2025 Thana- SUPAUL District- Supaul ====================================================== Gungun Yadav @ Himanshu Kumar Son of Uma Yadav @ Umashankar Yadav Resident of village - Etahari Ward No.- 15, P.S.- Supaul, Dist.- Supaul. ... ... Appellant/s Versus 1. The State of Bihar 2. Pinki Kumari @ Pinki Devi Wife of Kuleswar Paswan @ Fuleshwar Paswan R/O village - Etahari Ward No.- 15, P.S.- Supaul, Dist.- Supaul. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Amar Alam For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 5 17-08-2026 1. Heard learned counsel for the appellant and learned Spl. P.P. for the State, Sri Binay Krishna. 2. No one appears on behalf of the respondent no. 2. 3. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 25.11.2025 passed by the learned Additional Sessions Judge-cum-Special Judge POCSO Act, Supaul in connection with Supaul P.S. Case No. 163 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 64, 62, 352, 351(2) and 3(5) of the BNS as well as Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act and Sections 8 and 12 of the POCSO Act. Patna High Court CR. APP (SJ) No.5078 of 2025(5) dt.17-08-2026 2/3 4. Learned counsel for the appellant submits that the appellant is a person with clean antecedent and the informant alleges that her minor daughter aged about 15 years along with her cousin sister aged about 9 years had gone to cut grass on 3.4.2025 at 10:30 am, further four named accused persons including the appellant, who were present at the place of occurrence from before, attempted to commit rape by pressing her mouth and the victim became unconscious, further her cousin sister fled and came home and disclosed about the occurrence, accordingly the informant along with others reached the place of occurrence when the accused persons fled abusing, it is next alleged that thereafter the victim in an unconscious state was brought home, thereafter further two out of four accused came and threatened to settle the issue by taking money or even the informant will be raped if an FIR is instituted, on objection the two accused assaulted and abused by taking caste name and on alarm people gathered and they fled. 5. Learned counsel for the appellant submits that the appellant has been falsely implicated in the instant case by the informant. It is next submitted that statement of the victim was recorded under Sections 180 and 183 BNSS, wherein she has not supported the case of the prosecution rather has stated that appellant came and took her grass and assaulted. It is further submitted that on intervention of the well-wishers, the parties have compromised as would manifest from the compromise dated 28.7.2025 (Annexure-2 Patna High Court CR. APP (SJ) No.5078 of 2025(5) dt.17-08-2026 3/3 to appeal). It is thus submitted that this perhaps explains why no one appears on behalf of the informant as the issue stands compromised and allegation of attempt to commit rape stands falsified in view of the statement of the victim recorded under Section 183 BNSS. 6. Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the appellant. 7. Considering the aforesaid facts, let the appellant 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 the aforesaid case, subject to the conditions as laid down under Section 482 (2) of the BNSS. 8. Accordingly, the impugned order is set aside and the appeal stands allowed. Sumit/- (Satyavrat Verma, J) U T