Shailendra Yadav @ Sailendra Kumar @ Shalendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64633 of 2025 Arising Out of PS. Case No.-174 Year-2025 Thana- KATORIYA District- Banka ====================================================== Shailendra Yadav @ Sailendra Kumar @ Shalendra Kumar Yadav S/o Basudev Yadav R/o Village - Machauana, P.S - Katoria, District - Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sindhu Kumari D/o Dinesh Yadav R/o Village - Rikhiya Rajda, P.S - Katoria, District - Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ravi Prakash Dwivedi, Advocate Mr. Saurabh Raj, Advocate For the State :

Mr. Lalan Kumar, APP For the O.P. No.2 : Mr. Sudhir Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 65(1), 329(3), 115(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner used to make forcible physical relation with the victim and also gave threatening to kill her.

4. It is submitted by learned counsel for the petitioner that the present case arises out of a love relationship between the petitioner and the victim. As a matter of fact, the

Patna High Court CR. MISC. No.64633 of 2025(6) dt.17-02-2026 2/2 allegations made in the F.I.R. of sexual exploitation does not find corroboration from the statement of the victim recorded under Section 183 BNSS during the course of investigation. The only allegation is that the petitioner wanted to solemnize marriage with the victim and put vermilion on her forehead. There is no allegation of any sexual assault or any other assault whatsoever. The petitioner has no criminal antecedent and has been languishing in custody since 29.06.2025.

5. Learned APP for the State and learned counsel for the opposite party no.2 opposed the bail petition.

6. Taking into consideration the facts and circumstances of the case and also taking into consideration the fact that the petitioner is a young boy, having no criminal witness and there is no allegation of any sexual assault etc., the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Katoria P.S. Case No.174 of 2025. (Soni Shrivastava, J) Trivedi/- U T