Santosh Kumar Yadav vs The State Of Bihar on 18 March, 2026

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    Patna High Court – Orders

    Santosh Kumar Yadav vs The State Of Bihar on 18 March, 2026

    Author: Rajeev Ranjan Prasad

    Bench: Rajeev Ranjan Prasad

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                         CRIMINAL APPEAL (DB) No.246 of 2025
                           Arising Out of PS. Case No.-13 Year-2022 Thana- KATORIYA District- Banka
                     ======================================================
                     Santosh Kumar Yadav, Son of Sri Kaleshwar Yadav, Resident of Village-
                     Bharopur, PS -Katoria, District- Banka.
                                                                           ... ... Appellant
                                                        Versus
               1.     The State of Bihar
               2.     Geeta Kumari Daughter of Vijay Yadav Resident of Village- Bharopur, PS
                      -Katoria, PO- Supaha District- Banka.
                                                                            ... ... Respondents
                     ======================================================
                     Appearance :
                     For the Appellant        :       Mr. Subodh Kumar Jha, Advocate
                                                      Mr. Pranav Kumar Jha, Advocate
                     For the State            :       Mr. Bipin Kumar, Addl.PP
                     For the Resp No. 2       :       None
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                             and
                             HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                           ORAL ORDER
                     (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
    
    7   18-03-2026

    Heard learned counsel for the appellant and learned

    Additional Public Prosecutor for the State.

    SPONSORED

    Despite valid service of notice on Respondent No. 2/

    informant, she has chosen not to enter appearance to oppose the

    prayer of the appellant.

    2. Records have been placed before this Court to

    consider the prayer of the sole appellant for suspension of his

    sentence and release on bail during pendency of the appeal.

    3. The appellant has been convicted vide judgment

    dated 23.01.2025 and sentenced vide order dated 30.01.2025

    passed by learned Additional Sessions Judge-VI-cum-Special

    Judge, POCSO, Banka for the offence under Section 376(1) of the
    Patna High Court CR. APP (DB) No.246 of 2025(7) dt.18-03-2026
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    Indian Penal Code (in short ‘IPC‘) and Section 4 of the Protection

    of Children from Sexual Offences Act (in short ‘POCSO Act‘) in

    Special POCSO Case No. 27 of 2022 (arising out of Katoria P.S.

    Case No. 13 of 2022). He has been ordered to undergo rigorous

    imprisonment for eleven years with a fine of Rs.20,000/- under

    Section 4 of the POCSO Act and in default of payment of fine, he

    shall undergo further six months rigorous imprisonment.

    4. The prosecution case is based on a private

    complaint giving rise to Complaint Case No. 1027 of 2021 filed

    by the victim (PW-3) in the court of learned Chief Judicial

    Magistrate, Banka on 06.10.2021 with respect to an occurrence

    said to have taken place with her inside her house on 06.08.2021

    at about 03:00 PM. In her written complaint, according to the

    complainant the victim was with her two younger sisters and

    one younger brother. Her parents had gone to Deoghar for some

    important work. At about 03:00 PM accused Santosh Yadav and

    Laxmi Yadav crossed over the wall of the house of the victim

    girl and entered inside her house and one other accused, namely,

    Nitish Yadav was watching sitting on the wall. Both the accused,

    Santosh Yadav and Laxmi Yadav caught hold of the victim and

    committed wrong act with her. When the victim tried to scream,

    both the accused persons threatened her to kill her. Both the

    accused committed wrong act with her one by one. The victim
    Patna High Court CR. APP (DB) No.246 of 2025(7) dt.18-03-2026
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    alleged that after committing rape they threatened her to kill her

    parents also and fled away and the victim remained

    unconscious. After one hour witnesses came and the victim gave

    complete information. The victim further alleged that for

    treatment, she was taken to Katoria Hospital and went to police

    station to give written application against the accused persons

    but after completion of even one month, Katoria Police Station

    had not taken any step, therefore, she submitted complaint

    petition after delay.

    5. Learned counsel for the appellant submits that on a

    bare perusal of the complaint petition giving rise to the present

    case, it would appear that the complaint petition has been

    presented after two months of the occurrence through an

    Advocate but it does not disclose compliance with Section

    154(3) of the Code of Criminal Procedure (in short ‘CrPC‘). It

    does not show any compliance with the judgment of the Hon’ble

    Supreme Court in the case of Priyanka Srivastava and

    Another versus State of Uttar Pradesh and Others reported

    in (2015) 6 SCC 287 wherein a private complaint is required to

    be filed on affidavit disclosing complete statement as to when

    the complainant approached the police and if the police in the

    police station did not lodge the FIR then the copy of the same
    Patna High Court CR. APP (DB) No.246 of 2025(7) dt.18-03-2026
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    was sent to the Superintendent of Police. Despite all these

    defects in the presentation of the complaint, learned Chief

    Judicial Magistrate, Banka entertained the same and in exercise

    of his powers under Section 156(3) CrPC, he directed police to

    lodge the FIR.

    6. Learned counsel submits that the appellant is the

    full brother of Vijay Yadav (PW-6) who is the step father of the

    victim girl. It has come in the evidence of PW-7 who is the sister

    of the victim that her father has got land dispute with the

    accused because the accused had not given his share of land and

    they used to quarrel.

    7. Learned counsel further submits that the

    prosecution case is completely false and the same is evident

    from the evidence available on the record. The occurrence is

    said to have taken place at 03:00 PM inside the house when the

    victim was brooming the floor of her house, the appellant is said

    to have crossed over the wall, entered into the house and

    committed wrong act with her. The victim has clearly stated that

    at that time her mother and father were not in the house and the

    witnesses came after one hour but her mother who has deposed as

    PW-4 has stated that she had retur ned home at 03:00 PM and

    claims to have been present at the time of occurrence. Her story

    is that initially this appellant committed rape on her and then
    Patna High Court CR. APP (DB) No.246 of 2025(7) dt.18-03-2026
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    after he fled away, ten minutes, thereafter, another accused came

    and he also committed the same act. Vijay Yadav, who is the

    step father of the victim, has deposed that the victim was in

    naked condition and she was bleeding but despite all these

    claims of the witnesses, the victim (PW-3) has categorically

    stated that when she went along with her mother to the police

    station, no application was given to the police and no medical

    examination had taken place in Katoria Police Station. She has

    further stated that she had not gone for treatment to any private

    hospital. She has specifically stated that she had no bodily

    injury.

    8. Learned counsel submits that the victim (PW-3) has

    stated in her deposition that she does not talk to anyone not even

    with her great grandparents and the aunties. It is, thus, submitted

    that the enmity in the family writs large on the face of the

    statement of the victim girl.

    9. It is further submitted that the victim was taken for

    medical examination on 11.01.2022 where the Doctor (PW-5)

    did not find any recent sign of sexual act and no mark of injury

    or any foreign particle was present, however, the Doctor was of

    the opinion that the sign of hymen rupture present is indicating

    previous sexual relationship. The victim was examined for age
    Patna High Court CR. APP (DB) No.246 of 2025(7) dt.18-03-2026
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    verification and it was found below 17 years. The Doctor clearly

    observed that on the body, there was no sign of any injury and

    there was no tear mark in the private part of the victim.

    10. Learned counsel submits that the father of Vijay

    Yadav (step father of the victim) has deposed as DW-1 and he

    has stated that the mother of the victim got the false case lodged

    against the appellant. The appellant is in jail since 14.05.2022

    and this appeal is of the year 2025 which is not likely to be

    heard in near future, therefore, the appellant would deserve

    suspension of sentence and release on bail during pendency of

    the appeal.

    11. Learned Additional Public Prosecutor for the State

    is present. While opposing the prayer for suspension of sentence

    and release on bail of the appellant, learned Additional Public

    Prosecutor does not contest the submission that there is an

    inordinate delay in lodging of the FIR, the private complaint

    case was lodged after two months of the occurrence and the

    enmity between the step father of the victim and the appellant

    has been admitted by the prosecution witnesses and even the

    defence witnesses including the father of Vijay Yadav has stated

    about the enmity on account of land dispute.

    12. Having regard to the entire facts and
    Patna High Court CR. APP (DB) No.246 of 2025(7) dt.18-03-2026
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    circumstances and the materials which we have noticed

    hereinabove and considering that in this case, the private

    complaint was presented after two months without there being

    any compliance with the mandate of the Hon’ble Supreme Court

    with regard to filing of a private complaint, the step father of the

    victim and the appellant are full brothers and there is dispute on

    account of land, further there are highly inconsistent deposition

    to the extent of contradiction by the witnesses to each other and

    the deposition of the victim, prima facie, does not inspire

    confidence, we are of the considered opinion that the appellant,

    who has already remained in incarceration for almost four years

    but this appeal is not likely to be heard in near future, deserves

    suspension of sentence and release on bail during pendency of

    the appeal.

    13. Accordingly, we direct suspension of sentence and

    release of the above-named appellant on bail during pendency of

    the appeal on furnishing bail bond of Rs. 25,000/- (Rupees

    Twenty Five Thousand) with two sureties of the like amount

    each to the satisfaction of learned Additional Sessions Judge-

    VI-cum-Special Judge, POCSO, Banka in connection with

    Special POCSO Case No. 27 of 2022 arising out of Katoria P.S.

    Case No. 13 of 2022.

    Patna High Court CR. APP (DB) No.246 of 2025(7) dt.18-03-2026
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    14. Fine, if any, imposed as part of sentence shall

    remain suspended during pendency of the appeal.

    15. It is clarified that the observations made

    hereinabove are only prima facie and tentative in nature for

    purpose of consideration of the prayer for bail which would not

    cause prejudice to either of the parties.

    16. List this appeal for hearing on it’s turn.

    (Rajeev Ranjan Prasad, J)

    ( Soni Shrivastava, J)
    SUSHMA2/-

    U    T
     



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