Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appeal is allowed; anticipatory bail is granted and the order rejecting bail is set aside.
Summary
The appellant, Abhishek Kumar, was charged under several IPC provisions and Section 3(2)(V) of the SC/ST (Prevention of Atrocities) Act for allegedly establishing a physical relationship with the complainant, Monika Kumari, on the false pretext of marriage, extracting money, and abusing her caste name over the phone while demanding dowry. The trial court rejected his anticipatory bail application. On appeal under Section 14A(2) of the SC/ST Act, the High Court noted that the victim is an adult, the parties had reached an out‑of‑court compromise, there was no medical evidence, and the alleged caste abuse was not made in public, thus not attracting the SC/ST Act. Considering the clean antecedent of the appellant and the compromise, the Court granted anticipatory bail subject to bond and sureties, invoking Sections 438 and 482 of the CrPC. Consequently, the order rejecting bail was set aside and the appeal was allowed.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence under the SC/ST Act involves caste abuse not committed in public.
- Whether an out‑of‑court compromise can influence bail decisions in a non‑compoundable offence.
- Whether the allegations constitute an offence punishable under the SC/ST (Prevention of Atrocities) Act.
- Whether the appellant is entitled to bail under Sections 438 and 482 of the Criminal Procedure Code in the present circumstances.
Legislation cited
- Code of Criminal Procedure — s. 438(2), 482(2)
- Indian Penal Code — s. 316(2), 318(4), 3(5), 351(2), 64(2)F
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(2)(V)
Subjects
- anticipatory bail
- SC/ST Act
- non‑compoundable offence
- compromise
- caste abuse
- dowry demand
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2026 of 2025
Arising Out of PS. Case No.-116 Year-2025 Thana- AAJAM NAGAR District-
Katihar
======================================================
Abhishek Kumar S/o- Rajiv Kumar Village- Harna Ps- Tikari Dist- Gaya
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Monika Kumari D/o- Mohan Kumar Paswan Village- Karja Anant Ps-
Karja Dist- Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bhim Sen Upadhyay, Adv.
For the Respondent/s : Mr. Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 13-02-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor appearing for the State. However,
learned counsel for respondent No.2 is not present.
2. This appeal under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 has been directed against the order dated 10.04.2025
passed by learned District and Additional Sessions Judge-I -cum-
Special Judge, SC/ST. Act, Katihar, in A.B.P. No. 10 of 2025 in
connection with Azamnagar P.S. Case No. 116 of 2025 registered
under Sections 316(2), 64(2)F, 318(4), 351(2), 3(5) of B.N.S. and
Section 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.
Patna High Court CR. APP (SJ) No.2026 of 2025(5) dt.13-02-2026
2/4
3. As per the prosecution case, the informant,
Monika Kumari alleged that the appellant on the pretext of
marriage has established physical relation with her on several
occasions. It is further alleged that the appellant has also taken
money to the tune of Rs. 72,000/- from the informant through
UPI on different occasions. On the pressure made by the
informant to perform marriage, the appellant swore an affidavit
in the Barsoi Sub Division and on the relevant point of time, the
father and his two companions abused her with her caste name
and refused to establish matrimonial relation with her and
further asked for dowry of Rs. 25,000,00/- for the purpose of
marriage, otherwise she will be done to death.
4. Learned counsel for the appellant submits that
the appellant and the informant both are major and happen to be
Teacher posted in a same school. According the F.I.R, the
appellant has established physical relation with the informant-
victim on the false pretext of marriage. As a matter of fact, no
such occurrence as alleged in the F.I.R. ever took place nor any
medical report is available on record to substantiate the
allegation leveled against the appellant. As regards allegation of
abuse by caste name is concern, it has not been committed in a
public place, rather it is stated to have been done on phone,
therefore, no case, attracting the provisions of SC/St Act, is made
out against the appellant. Moreover, both the parties have settled
Patna High Court CR. APP (SJ) No.2026 of 2025(5) dt.13-02-2026
3/4
their dispute by way of a compromise outside the court, although
the offence, as alleged in F.I.R., being not compoundable one and
a supplementary affidavit to that effect has also been filed by the
appellant.
5. Learned Special Public Prosecutor vehemently
opposed the prayer for grant of anticipatory bail to the appellant
and submitted that according to the F.I.R., direct allegation of
establishing physical relation with the informant is attributed to
the appellant on the false pretext of marriage. He further submits
that though the parties have arrived at a compromise but the
offence as alleged in the F.I.R., is not compoundable.
6. Considering the entire facts and circumstances of
the case and also the fact that the victim is a major and both the
parties have arrived at a compromise outside the court, coupled
with the fact that no case attracting the provisions of SC/ST Act is
made out against the appellant as the offence of abuse is not
committed in a public view, rather it stated to have been on
phone and also the appellant bears a clean antecedent, let the
above named appellant in the event of their 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-I -cum- Special Judge (SC/ST Act), Katihar in
connection with Azamnagar P.S. Case No. 116 of 2025 subject to
Patna High Court CR. APP (SJ) No.2026 of 2025(5) dt.13-02-2026
4/4
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 10.04.2025 rejecting the prayer for grant of
anticipatory bail to the appellants is, hereby, set aside.
(Praveen Kumar, J)
brajesh/-
U T
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