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Patna High Court

Rishu Kumar VarnwalversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/4




          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
                                             3/4




          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
                                                           4/4




                        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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