Patna High Court
BISHNU SAHU @ BISHNU MALHU SAHU @ BILATU SAHUversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, granting bail to the appellants.
Summary
The appellants, who are in‑laws of the complainant, appealed against the order of the Additional Sessions Judge rejecting their anticipatory bail in a case alleging offences under IPC sections 341, 323, 354, 504 and the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the appellants tortured and harassed the complainant over dowry demands and used caste slurs. The appellants contended they were innocent, had clean antecedents, and that the allegations arose from matrimonial discord in an inter‑caste marriage, with no public presence to sustain a charge under the SC/ST Act. The Special Public Prosecutor and the complainant opposed bail. Considering the relationship between the parties, the general nature of the accusations and the appellants' clean record, the High Court allowed the appeal, set aside the lower court’s order, and directed that bail be granted upon furnishing a bond of Rs.10,000 with two sureties. The order also stipulated that the bail be effected within eight weeks of receipt of the order.
Issues considered
- Whether anticipatory bail should be granted to the appellants in a case involving alleged offences under IPC sections 341, 323, 354, 504 and SC/ST Act section 3(1)(r)(s).
- Whether the facts alleged constitute an offence under the SC/ST (Prevention of Atrocities) Act in the absence of any public witness.
- Whether the relationship between the parties and the appellants' clean antecedents justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 323, 341, 354, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- dowry harassment
- SC/ST Act
- IPC offences
- caste harassment
- bail grant
- matrimonial dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1027 of 2025
Arising Out of PS. Case No.-44 Year-2024 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
======================================================
1. BISHNU SAHU @ BISHNU MALHU SAHU @ BILATU SAHU SONO
FLATE MALHU SAHU @ LATE MALLU SAHU RESIDENT OF
VILLAGE- DANGA, P.S.- ARER, DISTT.- MADHUBANI
2. RANJU DEVI WIFE OF BISHNU SAHU @ BISHNU MALHU SAHU
RESIDENT OF VILLAGE- DANGA, P.S.- ARER, DISTT.- MADHUBANI
3. KRISHNA SAHU @ KISHAN KUMAR SAH @ KISHAN KUMAR
SAHU SON OF BISHNU SAHU @ BISHNU MALHU SAHU @ BILATU
SAHU RESIDENT OF VILLAGE- DANGA, P.S.- ARER, DISTT.-
MADHUBANI
4. GURIYA DEVI WIFE OF KRISHNA SAHU @ KISHAN KUMAR SAH @
KISHAN KUMAR SAHU RESIDENT OF VILLAGE- DANGA, P.S.-
ARER, DISTT.- MADHUBANI
... ... Appellant/s
Versus
1. THE STATE OF BIHAR
2. MAMTA KUMARI @ MAMTA DEVI WIFE OF KANHAIYA KUMAR
SAHU, D/O UPENDRA RAM RESIDENT OF VILLAGE- DHANGA, P.S.-
ARER, DISTT.- MADHUBANI
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Subhash Kumar Jha, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
For the Complainant : Mr. Gagandeo Yadav, Advocate
Mr. Udeshya Kumar, Advocate
Mr. Vinod Kumar, Advocate
Mr. Ravi Prakash, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 16-04-2026 Heard learned counsel appearing for the appellants,
learned Special Public Prosecutor appearing for the respondent-
State and learned counsel appearing for the
complainant/Respondent No. 2.
2. This appeal has been filed for setting aside order
Patna High Court CR. APP (SJ) No.1027 of 2025(5) dt.16-04-2026
2/4
dated 07.02.2025 passed in a complaint case registered for the
offence punishable under Sections 341, 323, 354 and 504 of the
Indian Penal Code and Section 3(1)(r)(s) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
whereby the prayer for grant of anticipatory bail of these
appellants has been rejected.
3. The prosecution case, in brief, is that all these
appellants, who happen to be in-laws of the
complainant/Respondent No. 2, committed torture and
harassment with her due to non-fulfillment of demand of dowry
and also abused her by caste name.
4. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. As a matter of fact, Appellant No. 1
is father-in-law, Appellant No. 2 is mother-in-law, Appellant No.
3 is brother-in-law and Appellant No. 4 is sister-in-law of the
complainant/Respondent No. 2 and they have falsely been
implicated in this case due to matrimonial discord. Marriage of
complainant/Respondent No. 2 was solemnized with son of
Appellant Nos. 1 and 2 and the same was a love-cum-inter caste
marriage and as such, there was no occasion for these appellants
to demand any dowry or commit torture. It is further submitted
Patna High Court CR. APP (SJ) No.1027 of 2025(5) dt.16-04-2026
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that it is not the case of the prosecution that any member of
public was present at the place of occurrence and as such, no
case under the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act is made out against these
appellants. Appellants claim clean antecedents.
5. Learned Spl. P.P. appearing for the respondent-State
and learned counsel appearing for the complainant/Respondent
No. 2 have vehemently opposed the prayer for grant of bail to
the appellants.
6. Considering the facts and circumstances of the
case, relationship between the parties, general and omnibus
nature of accusation and clean antecedents of the appellants, this
appeal is allowed and the impugned order dated 07.02.2025
passed by the learned Additional Sessions Judge 1st-cum-Special
Judge, SC/ST, Madhubani in connection with A.B.P. No. 153 of
2025 arising out of C.R. Case No. 44 of 2024 is hereby set aside
with respect to these appellants only.
7. Accordingly, let the appellants, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. APP (SJ) No.1027 of 2025(5) dt.16-04-2026
4/4
learned Additional Sessions Judge 1st-cum-Special Judge,
SC/ST, Madhubani in connection with C.R. Case No. 44 of
2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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