Uttam KushwahaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1252 of 2025
                        Arising Out of PS. Case No.-82 Year-2024 Thana- ASANWA District- Siwan
                 ======================================================
                 Uttam Kushwaha Son of Uma Bhagat @ Om Prakash Bhagat Resident of
                 village - Balua Mathiya, Police Station - Darauli, District - Siwan.
                                                                                ... ... Appellant/s
                                                     Versus
           1.     The State of Bihar
           2.     Sunita Devi Wife of Hari Kishore Manjhi Resident of village - Maniya,
                  Police Station - Asaon, District - Siwan.
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ajay Kumar Tiwary, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, Spl PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   26-02-2026                 Heard learned counsel for the appellant and learned

                   Special Public Prosecutor appearing for the State. Although the

                   notice has been validly served upon respondent No.2, there is no

                   representation on his behalf.

                                  2. This appeal under Section 14A(2) of the

                   Scheduled Caste and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 has been directed against the order dated

                   31.01.2025 passed by learned Additional Sessions Judge-1st-

                   cum-Special Judge, Siwan, in A.B.P. No. 18 of 2025 in

                   connection with Asawn P.S. Case No. 82 of 2024, registered

                   under Sections 137, 96 and 3(5) of the B.N.S. read with

                   Sections 3(1)(w)(ii), 3(2)(v) of Scheduled Castes and Scheduled

                   Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer

                   for grant of anticipatory bail of the appellant has been rejected.
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                          3. As per the prosecution case, the informant,

          Sunita Devi, alleges that Uttam Kushwaha (appellant) operates a

          clinic in her village, where her minor daughter, Lakshmi

          Kumari, used to go for treatment. The appellant occasionally

          used to talk to her daughter on the mobile phone. The informant

          forbade the appellant from talking to her daughter, but he

          refused. On 09.08.2024, at 2 A.M., the appellant enticed the

          daughter of the informant and took her away with the intention

          of marrying her. It is further alleged that the appellant along

          with his family members has kidnapped her daughter for the

          purpose of marriage.

                          4. Learned counsel appearing for the appellant

          submits that the appellant bears clean antecedent and is

          innocent. It has further been submitted that the statement of the

          victim girl was recorded under Section 164 of the Cr. P.C./183

          of the B.N.S.S. wherein she has clearly stated that she was not

          kidnapped, rather she had gone out of her own sweet will and

          has performed marriage with appellant in a temple and has not

          alleged anything against the appellant. He further submits that

          no case, as alleged in the F.I.R, attracting rigours of SC & ST

          Act, is made out against the appellant. Hence, the impugned

          order may be set aside and the appellant may be granted the
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                        privilege of anticipatory bail.

                                        5. Learned Special Public Prosecutor for the State

                        has vehemently opposed the prayer for grant of anticipatory bail

                        to the appellant.

                                        6. Considering the entire facts and circumstances of

                        the case and also the fact that the appellant bears clean

                        antecedent coupled with the fact that the victim had gone out of

                        her own sweet will and the victim is on the verge of majority, let

                        the above named appellant in the event of his arrest/surrender

                        within a period of six weeks be released on bail on furnishing

                        bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the

                        like amount each to the satisfaction of the learned Additional

                        Sessions Judge-1st-cum-Special Judge, Siwan, in connection

                        with Asawn P.S. Case No. 82 of 2024, subject to the conditions

                        laid down under Section 482(2) of the B.N.S.S/Section 438(2)

                        of the Cr.P.C.

                                     7. Accordingly, this appeal is allowed and the

                        impugned order dated 31.01.2025 rejecting the prayer for grant

                        of anticipatory bail to the appellant is, hereby, set aside.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T