Pintu Kumar Sah @ Prabhat @ Prabhat PrabhakarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2599 of 2024
                       Arising Out of PS. Case No.-59 Year-2023 Thana- SC/ST District- Darbhanga
                 ======================================================
                 Pintu Kumar Sah @ Prabhat @ Prabhat Prabhakar son of Ajay Sah Mohalla-
                 Moghapura W.No-28, Ps- Laheriasarai Dist- Darbhanga

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Kajal Kumari wife of Pintu Kumar Sah @ Prabhat @ Prabhat Prabhakar
                 Moh- Moghapura W.No-28, Ps- Laheriasarai Dist- Darbhanga P/A- Naudega
                 Ps- Baheri Dist- Darbhanga

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Aryan Singh
                 For the Respondent/s    :        Ms. Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   23-06-2026                 1. Heard learned counsel for the appellant and the

                   learned Special P.P. Ms. Usha Kumari No.I for the State.

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

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 13.03.2024 in A.B.P. No. 01/2024, arising out of

                   SC/ST P.S. Case No.59 of 2023, passed by the learned

                   Exclusive Special Judge, SC/ST (POA) Act, Darbhanga

                   registered under Sections 341, 323, 342, 354, 379, 498(A),

                   120(B) and 34 of the Indian Penal Code and Sections 3(i)(r),

                   3(i)(s), 3(2)(va) of the SC/ST Act.
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                       3. Learned counsel for the appellant submits that from

          perusal of the office report dated 20.02.2026, it would manifest

          that ordinary notice was received by the father of respondent

          no.2. It is next submitted that a jointness application has been

          filed as would manifest from the office report dated 20.06.2026.

          It is next submitted that informant despite valid service of notice

          chooses not to appear and contest. It is next submitted that the

          dispute is matrimonial and appellant being husband has been

          falsely implicated in the instant case by the informant. It is

          further submitted that marriage of the appellant with the

          informant was a love marriage, as such some dispute arose in

          the family which led to institution of the instant FIR but then

          normal wear and tear of life was exaggerated. It is further

          submitted that the instant FIR is the second FIR and the first

          FIR was instituted by the father of the informant being Baheri

          P.S. Case No.138 of 2023 dated 06.05.2023 alleging that the

          appellant had kidnapped his daughter with an intent to marry. It

          is also submitted that appellant and informant got married but

          then the parents of the informant and family members of the

          appellant objected to the marriage, hence on account of family

          pressure the present false case came to be instituted. It is

          asserted and submitted that appellant does not dispute his
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                       marriage with the informant.

                                    4. Learned Special Public Prosecutor opposes the

                       appeal.

                                    5. Considering the submission and taking into

                       consideration the fact that informant despite receiving notice

                       chooses not to appear and contest, et the appellant, above

                       named, in the event of his arrest or surrender before the learned

                       Court below within a period of six weeks from the date of

                       receipt of the order, be released on anticipatory bail on

                       furnishing bail bond of Rs.5,000/- (rupees five thousand) with

                       two sureties of the like amount each to the satisfaction of the

                       learned court below where the case is pending in connection

                       with the aforesaid case, subject to the conditions as laid down

                       under Section 438(2) of the Code of Criminal Procedure.

                                    6. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T