Dharmendra Yadav @ Dharmendra Prasad Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Dharmendra Yadav @ Dharmendra Prasad Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail in the event of arrest or surrender before the Trial Court within four weeks, on furnishing bail bond of Rs. 30,000 as per Section 2(1)(d) BNSS 2023, subject to conditions under Section 482(2) BNSS 2023, to the satisfaction of the learned ADJ-VI, Sitamarhi, in connection with Riga P.S. Case No. 253 of 2016.

Issue for consideration

Whether the petitioner, who apprehends arrest in Riga P.S. Case No. 253/2016 registered for offences under Sections 376, 504 and 506 of the Indian Penal Code, should be released on bail in the event of arrest. +1 more

Court's answer

Anticipatory bail granted: the petitioner is to be released on bail in the event of arrest or surrender before the Trial Court within four weeks from 12-08-2025, on furnishing a bail bond of Rs. 30,000 as per Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, subject to the conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the learned ADJ-VI, Sitamarhi, in connection with Riga P.S. Case No. 253 of 2016.

Ratio / Principle

Bail was granted in view of the fact that an earlier chargesheet had been submitted under Section 497 IPC (kept in abeyance per counsel's account), whereas cognizance was subsequently taken under Sections 376, 504 and 506 of the Indian Penal Code.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — High Court of Judicature at Patna (Dr. Anshuman, J.), Cr. Misc. No. 52175 of 2025, decided 12-08-2025. Petitioner apprehending arrest in Riga P.S. Case No. 253/2016 (registered 05.12.2016 for offences under Sections 376, 504, 506 IPC; alleged occurrence 03.11.2016) was held entitled to be released on bail in the event of arrest or surrender before the Trial Court within four weeks. The Court took into account that an earlier chargesheet (16.02.2017) had been submitted under Section 497 IPC, described as a non-cognizable offence and kept in abeyance, while the learned Magistrate took cognizance on 21.06.2024 under Sections 376, 504 and 506 IPC. Bail ordered on furnishing bail bond of Rs. 30,000 as per Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, subject to the conditions laid down under Section 482(2) of the said Sanhita, to the satisfaction of the learned ADJ-VI, Sitamarhi. Counsel's submissions noted (not court findings): FIR belated; relationship allegedly consensual; case allegedly lodged in retaliation to Riga P.S. Case No. 252/2016 against the informant's husband (chargesheet under Sections 354, 341, 323, 452, 504, 506/34 IPC).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52175 of 2025

Arising Out of PS. Case No.-253 Year-2016 Thana- RIGA District- Sitamarhi

======================================================

Dharmendra Yadav @ Dharmendra Prasad Yadav Haradev Ray Resident of Village- Chotahi, P S.- Riga, Dist- Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar Bihar

Rinku Devi W/o Navin Yadav Resident of Village- Chotahi, P.S.- Riga, Distt.- Sitamarhi

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who apprehends arrest in connection with Riga P.S. Case No. 253/2016 lodged on 05.12.2016 for the offences punishable under sections 376, 504, 506 of the Indian Penal Code.

As per the prosecution, the F.I.R. has been lodged alleging that the petitioner established physical relations with the informant by exploiting her for money and against her will.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. For the alleged occurrence of 03.11.2016, the FIR was lodged belatedly

Patna High Court CR. MISC. No.52175 of 2025(2) dt.12-08-2025 2/3

on 05.12.2016. It is further submitted that from the contents of the FIR itself, it is evident that the relationship was consensual. Upon conclusion of investigation, the police submitted chargesheet on 16.02.2017 under Section 497 of the Indian Penal Code, which is a non-cognizable offence. However, the said charge-sheet was kept in abeyance, and suddenly, on 21.06.2024, the learned Magistrate took cognizance under Sections 376, 504, and 506 of the Indian Penal Code. It is contended that the present case has been lodged in retaliation to Riga P.S. Case No. 252/2016 instituted against the husband of the informant regarding a scuffle in which the mother and daughter of the petitioner sustained injuries, wherein the police submitted charge-sheet against the husband of the informant under Sections 354, 341, 323, 452, 504, 506/34 of the Indian Penal Code. It is, however, admitted that the petitioner is an accused in one more criminal case.

Learned APP for the State opposes the prayer for bail and submits that cognizance has been taken under Sections 376, 504, and 506 of the Indian Penal Code.

Considering the fact that an earlier charge-sheet was submitted under Section 497 of the Indian Penal Code, but subsequently cognizance has been taken under Sections 376,

Patna High Court CR. MISC. No.52175 of 2025(2) dt.12-08-2025 3/3

504, and 506 of the Indian Penal Code, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the learned ADJ-VI, Sitamarhi, in connection with Riga P.S. Case No. 253 of 2016, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Dr. Anshuman, J)

Ashwini/-

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