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2026 DAILYLAW 36369 (PAT)

Lallu Yadav v. The State of Bihar

CR. APP (SJ)/2715/2024 · 2026-01-15

Prabhat Kumar Singh

Criminal Appealbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2715 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- SC/ST District- Jehanabad ====================================================== Lallu Yadav S/o Ramdayal Yadav R/o vill - Kaswan, P.S. - Parasbigha, Distt. - Jehanabad ... ... Appellant/s Versus 1. The State of Bihar 2. Keshmani Devi W/o Birendra Das R/o vill - Kaswan, P.S. - Parasbigha, Distt. - Jehanabad ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Nityanand Neeraj, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor Mr. Shashi Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 15-01-2026 Heard learned counsel for the appellant, respondent no. 2 and the State. 2. This appeal has been filed against the order dated 03.05.2024 passed by learned Additional District & Sessions Judge 1st cum Special Judge, SC/ST, Jehanabad in ABP No. 439 of 2024 arising out of Jehanabad SC/ST P.S. Case No. 06 of 2024 registered under Sections 341, 376, 511, 504, 506 of the Indian Penal Code and Section 3(1)(r)(s)(w), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected. 3. As per F.I.R., co-accused Ramdayal Yadav tried to Patna High Court CR. APP (SJ) No.2715 of 2024(5) dt.15-01-2026 2/3 commit rape with the complainant. It is further alleged that when complainant went to the house of appellant, who is father of co-accused Ramdayal Yadav, to make complain, this appellant abused her by caste name. 4. Learned counsel for the appellant submits that specific accusation of attempting to commit rape is against co- accused Ramdayal Yadav and appellant has been made accused in this case merely because he is father of co-accused Ramdayal Yadav. He further submits that the alleged incident took place inside the house of appellant and not within public view and as such, no case under SC/ST Act is made out against him. Appellant claims clean antecedent. 5. Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent no. 2 vehemently opposed the bail application. 6. Considering the nature of accusation and clean antecedent, let the appellant, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge 1st cum Special Judge, SC/ST, Jehanabad in Jehanabad SC/ST P.S. Patna High Court CR. APP (SJ) No.2715 of 2024(5) dt.15-01-2026 3/3 Case No. 06 of 2024 . 7. Accordingly, this criminal appeal is allowed and impugned order dated 03.05.2024 is set aside with respect to this appellant only. Navya/- (Prabhat Kumar Singh, J) U T