Patna High Court
Charan Hembram @ Ramu Pradhan @ Majhi HasdaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the court found sufficient material linking the appellant to the offences and considered the gravity of the crime.
Summary
The appellant, Charan Hembram, was charged with sexual assault under several IPC sections (341, 342, 323, 325, 376(D), 120(B)) and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. He filed an application for anticipatory bail, claiming he was falsely implicated. The State opposed the bail. The High Court examined the investigation records and found sufficient material linking the appellant to the alleged crimes. Considering the seriousness of the offences, the Court declined to grant anticipatory bail and dismissed the appeal. The judgment clarified that its observations are limited to the bail application and do not prejudice any later stage of the criminal proceedings.
Issues considered
- Whether anticipatory bail is maintainable when the appellant is alleged to have committed sexual assault under IPC and the SC/ST (Prevention of Atrocities) Act.
- Whether the material on record is sufficient to connect the appellant to the offences for the purpose of denying anticipatory bail.
Legislation cited
- Indian Penal Code — s. 120(B), 323, 325, 341, 342, 376(D)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va)
Subjects
- anticipatory bail
- sexual assault
- SC/ST (Prevention of Atrocities) Act
- Indian Penal Code
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2639 of 2024
Arising Out of PS. Case No.-30 Year-2017 Thana- MAHILA P.S. District- Kishanganj
======================================================
Charan Hembram @ Ramu Pradhan @ Majhi Hasda S/O Late Ramsai
Hembram R/O Ward no 15 Sitalpur Purabdangi P.S Paharkatta, Distt-
Kishanganj, Bihar-855117
... ... Appellant/s
Versus
1. The State of Bihar
2. Ms. X W/o- Sanjay Murmu Village- Garam Khuda, Gram Panchayat-
Koltha, Ps- Paharkatha Dist- Kishanganj
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mrityunjay Kumar
For the Respondent/s : Ms. Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 12-03-2026 Heard learned counsel for the appellant and the
learned Spl. P.P. for the State.
2. This appeal is filed against the order dated
03.04.2024 passed by the learned Additional Sessions Judge, 1-
cum-Special Judge, Kishanganj, in connection with Kishanganj
(Mahila) P.S. Case No. 30/2017, registered under Sections 341,
342, 323, 325, 376(D), 120(B) of the Indian Penal Code and
Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. By
the impugned order, the petitioner's application for anticipatory
bail was dismissed.
3. The allegation against the appellant is that he, along
with five others, committed sexual assault upon the victim,
Patna High Court CR. APP (SJ) No.2639 of 2024(6) dt.12-03-2026
2/2
allegedly one by one.
4. Learned counsel for the appellant submits that the
appellant has falsely been implicated in this case and no offence
under the provisions of SC/ST Act is made out in this case and
therefore the application of the anticipatory bail is maintainable.
5. Learned counsel for the State has vehemently
opposed the prayer of the appellants.
6. I have considered the submissions of the parties and
have gone through the records of the case. Sufficient material
has come during the investigation to connect the appellant with
the crime.
7. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the privilege of
anticipatory bail to the appellant in the present case.
8. Accordingly, the appeal is dismissed.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the appellant at any
subsequent stage of the proceedings.
(Sandeep Kumar, J)
Shishir/-
U T
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