Patna High Court
Rishu Kumar VarnwalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The High Court allowed the appeal, set aside the order refusing anticipatory bail, and granted bail subject to conditions.
Summary
The appellant, Rishu Kumar Varnwal, was charged under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 for alleged rape, forced termination of pregnancy, and caste‑based verbal abuse. The trial court denied his prayer for anticipatory bail, holding that the allegations, if proved, would attract the rigours of the SC/ST Act. On appeal, the High Court examined the appellant’s clean antecedent, the lack of medical evidence, and the claim that the alleged victim was a consenting adult. It concluded that the allegations did not constitute a public caste‑based offence and that the appellant’s personal circumstances warranted bail. Consequently, the Court set aside the trial court’s order and granted anticipatory bail subject to a bond and sureties, invoking Sections 438(2) and 482(2) of the Cr.P.C.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Section 14A(2) of the SC/ST Act despite the serious nature of the allegations.
- Whether the alleged verbal abuse involving caste references falls within the ambit of a public offence under the SC/ST Act.
- Whether the appellant’s clean antecedent and the absence of medical evidence justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — s. 115(2), 14A(2), 3(1)(r)(s)(w), 3(2)(va), 3(5), 351(2), 64, 89
Subjects
- anticipatory bail
- SC/ST Act
- rape
- caste abuse
- clean antecedent
- medical evidence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1957 of 2025
Arising Out of PS. Case No.-15 Year-2025 Thana- MAHILA P.S BAGHA District- West
Champaran
======================================================
Rishu Kumar Varnwal S/o- Ganesh Prasad @ Ganesh Prasad Baranwal R/o-
Jamuniya Ps- Bathwariya District- West Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. X D/o- Praduman Ram R/o- Vriti Bathwariya Ps- Bathwariya Dist- West
Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bimlesh Kumar Pandey, Advocate
For the State : Ms. Usha Kumari 1, Spl PP
For the Respondent No. 2 : Mr. Umesh Kumar Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
7 13-02-2026 Heard learned counsel for the appellant, learned
counsel for the Respondent No. 2 and learned Special Public
Prosecutor appearing for the State.
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
16.04.2025 passed by learned District and Additional Sessions
Judge-1st-cum-Special Judge (SC/ST Act), Bettiah West
Champaran, in A.B.P. No. 746 of 2025 in connection with
Bagha Mahila P.S. Case No. 15 of 2025, registered under
Sections 115(2), 64, 89, 351(2) and 3(5) of the B.N.S read with
Section 3(1)(r)(s) (w) and 3(2)(va) of Scheduled Castes and
Patna High Court CR. APP (SJ) No.1957 of 2025(7) dt.13-02-2026
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Scheduled Tribe (Prevention of Atrocities) Act, 1989, whereby
the prayer for grant of anticipatory bail of the appellant has been
rejected.
3. As per the prosecution case, the informant,
namely, Sitara Kumari, alleged that the Rishu Kumar (appellant)
had established a physical relationship with her on the false
pretext of marriage leading to her pregnancy and then the
appellant forcibly administered medicine to terminate the
pregnancy. It is further alleged that on 22.03.2025 and
23.03.2025 at about 10:00 A.M., the appellant called the
informant to New Garden and raped her on both the days. When
the informant asked for engagement, then Rishu Kumar became
furious and started abusing her by using derogatory language
with regard to her caste name and refused for engagement and
threatened her with dire consequences.
4. Learned counsel appearing for the appellant
submits that the appellant bears clean antecedent and is
innocent. He further submits that from a bare perusal of the FIR
the same appears to be a concocted story and no such alleged
occurrence took place. There is no medical report on record to
substantiate the allegation of repeated rape as alleged in the FIR.
It is further submitted that the informant is a major girl aged
Patna High Court CR. APP (SJ) No.1957 of 2025(7) dt.13-02-2026
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about 20 years and the appellant has not made any forceful
physical relationship with her. As regards allegation of abuse
with the caste name attracting the rigours of SC & ST Act is
concerned, it is not committed in a public place nor any person
has been named to be present at the place of occurrence when
the alleged offence of abuse was being committed. 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 privilege of anticipatory bail.
5. Learned Special Public Prosecutor for the State
as well as learned counsel for the Respondent No. 2 has
vehemently opposed the prayer for grant of anticipatory bail to
the appellant and submitted that the appellant is alleged to have
established physical relationship with the informant on the
pretext of false promise.
6. Considering the entire facts and circumstances of
the case and also the fact that the appellant bears clean
antecedent as well as the fact that the informant appears to be a
consenting party, 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
Patna High Court CR. APP (SJ) No.1957 of 2025(7) dt.13-02-2026
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two sureties of the like amount each to the satisfaction of the
learned District and Additional Sessions Judge-1st-cum-Special
Judge (SC/ST Act), Bettiah West Champaran, in connection
with Bagha Mahila P.S. Case No. 15 of 2025, 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 16.04.2025 rejecting the prayer for grant
of anticipatory bail to the appellant is, hereby, set aside.
(Praveen Kumar, J)
Jyoti/-
U T
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