2026:JHHC:11900 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J) No.466 of 2025 --------- Kush Kumar @ Lallu Bhagat @ Lallu Kumar Bhagat, aged about 43 Years, son of Shiv Pujan Prasad Bhagat, permanent resident of Dwarkilal, Thakurwari, Gurhatta Chowk, Bounsi Road, Mirjanhat, P.O and P.S Mirjanhat, District Bhagalpur (Bihar), at present residing at Basukinath Nagar Panchayat Bhawan Road, Basukinath, P.O. Basukinath, P.S. Jarmundi, District Dumka (Jharkhand). ….. Appellant Versus 1. The State of Jharkhand 2. Victim ..... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Appellant : Mr. Anjani Kumar Singh, Advocate For the State : Mr. Arup Kr. Dey, A.P.P For the Resp. No.02 : Ms. Ashwini Priya, Advocate --------- Order No.12/ Dated: 23 rd April, 2026 1. Heard learned counsel for appellant, learned A.P.P and learned counsel for the respondent No.2/ victim. 2. The appellant, who is in custody since 11.03.2025 has approached this court against the order dated 16.04.2025, passed by the court of learned District & Additional Sessions Judge – I -Cum- Special Judge (SC/ ST), Dumka in M.C.A. No.239 of 2025, arising out of SC/ ST Case No.03 of 2025, corresponding to Dumka SC/ST P.S. Case No.02 of 2025, whereby the prayer for grant of bail to the appellant has been rejected, in connection with the said case, registered for the offence under Sections 115(2)/ 89/ 126(2)/ 64/ 303(2)/ 351(2) of the BNS, 2023 and Section 3 (I) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (For short the SC/ ST Act). 3. Innocence of the appellant has been claimed and under taking has been given to participate in the trial and he will not intimidate the witness. It has been submitted by the learned counsel for the appellant that both the parties are major and even, as per the allegation, the incident is of - 1 - Cr. Appeal (SJ) No.466 of 2025 2026:JHHC:11900 02.03.2024 while the F.I.R has been lodged on 30.01.2025. It has been further pointed by referring to para – 11 of the order dated 19.08.2024, passed in Original Maintenance Case No.78 of 2022, which reads as under, that the alleged victim is in habit of lodging of false case against innocent persons for the oblique purpose :- “11. O.P.W. no.1xxxx, the O.P. himself has fully supported his case including his marriage with Late xxx and birth of four children and his elder son xxxx is aged 47 year, daughter xxx aged 44 years, xxxx aged 41 years and xxx age about 36 years. He is living with his two sons at Sakrurgarh, Sahebganj. He was posted at Raneshwar on 18th February 2009 and after four months he was transferred at Jamundi police station where xxx was cooking food for police staffs and she used to clean the rooms of O.P. He never married with xxxx. He is a retired person. This witness was not cross examined. The O.P. has filed photocopy of c.c. of F.I.R. bearing no. Dumka P.S.Case no. 150/2000 dated 11.8.2000 and photo copy of c.c. of judgment passed in Spl. Case no.9/2001 dated 02.01.2003 of Spl. Judge, Dumka. From perusal of the evidences and documents filed by the O.P. it is clear that petitioner xxx is habituated to file false case against the innocent persons for extorting money. Petitioner was not married with O.P. because the conditions of Hindu Marriage Act 5, 6, 7 and 8 are not complied by the petitioner at the time of alleged marriage and the petitioner also not conducted Saptapadi and other religious functions performed by her priest and Kanyadan or marriage registration etc. Petitioner has admitted in para 1 that she was married with O.P. at xxxx and in para 2 she has admitted that she was already married earlier and her husband's name is xxxx. She has not file any marriage certificate issued by xxxxxx Committee. She has also admitted in para 7 of her statement that she was married with her ex-husband xxxx as per Hindu rites and rituals and she had not take divorce from her earlier husband. Thus she is not legally wedded wife of the O.P accordingly she is not entitled to get maintenance from the O.P. Thus Point no. i is decided against the petitioner and in favour of the O.P.” - 2 - Cr. Appeal (SJ) No.466 of 2025 2026:JHHC:11900 It has also been submitted that three witnesses have already been examined out of which two have been declared hostile and one has not supported the prosecution case and till date the victim has not yet been examined. On the above basis, prayer for bail has been made. 4. On the other hand learned A.P.P and learned counsel for the respondent No.2 have opposed the prayer for bail. It has been submitted by the learned counsel for the respondent No.2 that the character of the victim cannot be questioned for the offence under Section 64 of BNS, 2023( Section 376 IPC) and if it against the consent of the victim, the offence is made out. In the present case, there is pregnancy of the victim also. On the above basis, the prayer for bail has been opposed. 5. From perusal of record, it appears that both the parties are major and the F.I.R has been lodged almost after a year of the incident. Three witnesses have been examined in this case, but the victim has not been examined till date. 6. Considering the above facts and the material available on record and also considering the period of custody, the appellant is directed to be enlarged on bail, on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned District & Additional Sessions Judge – I -Cum- Special Judge (SC/ ST), Dumka, in connection with SC/ ST Case No.03 of 2025, corresponding to Dumka SC/ST P.S. Case No.02 of 2025, subject to the condition that the appellant will submit self- attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below, which he will always keep active and will not change it during pendency of the case without prior permission of the court. 7. In the result, the present criminal appeal stands allowed and disposed of. (Rajesh Kumar, J.) 23rd April, 2026 Ravi-Chandan/- Uploaded on 23.04.2026 - 3 - Cr. Appeal (SJ) No.466 of 2025