Patna High Court
Pankaj Kumar Singh @ Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appellate court set aside the order rejecting anticipatory bail and granted bail to the appellant.
Summary
The appellant, Pankaj Kumar Singh, was charged under several IPC provisions and sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and his application for anticipatory bail was rejected by the Special Judge. The prosecution alleged that the appellant entered the informant's house and attempted to outrage her modesty, and that the accused later abused her using caste references. The appellant contended that he was falsely implicated as a retaliatory move in a separate case, asserted that the FIR did not mention any caste-based insult, and highlighted his clean antecedent. The High Court examined the lack of specific caste allegations in the FIR and the appellant's clean record. Consequently, the Court set aside the order rejecting anticipatory bail, allowed the appeal, and granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the anticipatory bail application of the appellant should be granted.
- Whether the allegations under the SC/ST Act are substantiated by the FIR.
- Whether the appellant can be held liable for caste-based offenses in the present case.
Legislation cited
- Indian Penal Code — s. 323, 341, 354/34, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- caste harassment
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1781 of 2024
Arising Out of PS. Case No.-2 Year-2024 Thana- SC/ST District- Buxar
======================================================
Pankaj Kumar Singh @ Pankaj Kumar Son of Ramgrihi Singh Resident of
Village- Narbatpur, P.S.- Buxar Muffasil, District- Buxar
... ... Appellant/s
Versus
1. The State of Bihar
2. Rina Devi @ Rina Kumari W/o Govind Ram Resident of Village- Narbatpur,
P.S.- Buxar Muffasil, Dist.- Buxar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ravi Shankar Pathak, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 29-01-2026 Heard learned counsel for the appellant, learned
Special P.P. for of the State and learned counsel appearing on
behalf of respondent no. 2.
2. This appeal has been filed against the order dated
22.03.2024 passed by learned ADJ 61st cum Special Judge,
SC/ST Act, Buxar, in connection with SC/ST P.S. Case No. 02
of 2024, registered under Sections 341, 323, 504, 506, 354/34 of
the Indian Penal Code, and Sections 3(1)(r)(s), 3(2)(va) of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act (for short “SC/ST Act”), whereby the prayer for
anticipatory bail of appellant has been rejected.
3. As per prosecution case, on the alleged date and time
Patna High Court CR. APP (SJ) No.1781 of 2024(4) dt.29-01-2026
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of occurrence, the appellant entered into the house of the
informant and tried to outrage her modesty. It is further alelged
that at about 11.00 pm, all the named accused persons came to
the house of the informant and abused her taking caste name.
4. Learned counsel for the appellant submits that
appellants are co-villager and has been falsely implicated in this
case to save her skin from the case lodged by appellant. The
present case is a counter blast of Buxar Muffasil P.S. Case No. 54
of 2024 which was lodged prior to the present case against the
husband of the informant. From perusal of F.I.R., there is no
allegation of taking caste name against the appellant. Hence, no
case of SC/ST Act is made out. Appellant claims clean antecedent.
5. Learned Spl. Public Prosecutor for the State and
learned counsel for the respondent no. 2 vehemently opposed
the appeal.
6. However, considering the aforesaid facts and
circumstances and clean antecedent, the impugned order dated
22.03.2024 is, hereby, set aside and this criminal appeal is
allowed.
7. Let the appellant, as named above, 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
Patna High Court CR. APP (SJ) No.1781 of 2024(4) dt.29-01-2026
3/3
learned ADJ 1st cum Special Judge, SC/ST Act, Buxar, in
connection with SC/ST P.S. Case No. 02 of 2024.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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