Lakshman Thakur @ Lachhuman Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.58 of 2026 Arising Out of PS. Case No.-148 Year-2025 Thana- NAUTAN District- Siwan ====================================================== Lakshman Thakur @ Lachhuman Thakur S/O Kailash Thakur R/O- Sahpur, P.O- Misrauli, P.S.- Nautan, Dist.- Siwan, Bihar. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Nikki Kumari D/O Dayashankar Gond R/O Sahpur, P.O- Misrauli, P.SNautan, Distt.- Siwan, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Ms. Misha Bharti, Advocate Mr. Vishal Vikram Rana, Advocate Mr. Utkarsh Vikram Rana, Advocate Mr. Kumar Saurav Dev, Advocate Mr. Akash Priye, Advocate Mr. Rishabh Kumar Rao, Advocate For the State :

Ms. Usha Kumari 1, SPP For the Resp. no.2 :

Mr. Sandeep Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-07-2026 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the respondent no.2.

2. The instant appeal has been preferred against the order dated 2.12.2025 whereby the prayer for grant of anticipatory bail of the appellant in connection with Nautan P.S Case no.148 of 2025 registered under sections 126(2), 115(2), 64, 123, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 3(1)(s), 3(1)(r), 3(1)(w) and 3(2)(va) of the SC and ST (Prevention of Atrocities) Act, 1989 was

Patna High Court CR. APP (SJ) No.58 of 2026(3) dt.17-07-2026 2/3 rejected by the learned trial Court.

3. As per the prosecution case, the informant states that the appellant forcibly took her to his house where four other accused persons named in the FIR were present. She was abused in the name of her caste, given an intoxicated drink and thereafter taken to Delhi where the accused persons forcibly established physical relations with her.

4. Learned counsel for the appellant submits that the appellant has been falsely implicated in the case. The appellant and the respondent no.2 were in a relationship since long and the respondent no.2 has already taken jewellery and cash from him. There is no medical evidence in support of the allegations and telephonic conversations between the appellant and respondent no.2 has transpired in course of investigation. There is contradiction in the statement of the respondent no.2 as made in the FIR and her statement recorded under section 180 of the B.N.S.S. and there is an unexplained delay of over two months in lodging of the FIR.

5. The appeal is opposed by learned Special Public Prosecutor for the State and learned counsel for the respondent no.2.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material

Patna High Court CR. APP (SJ) No.58 of 2026(3) dt.17-07-2026 3/3 that has transpired in course of investigation including the statement of the victim recorded under section 180 of the B.N.S.S. wherein she has supported the prosecution case, the Court is not inclined to enlarge the appellant on anticipatory bail and the same is rejected.

7. The appellant is directed to surrender in the learned Court below within a period of four weeks.

(Partha Sarthy, J) sauravkrsinha/- U T