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Patna High Court

SAURABH KUMAR YADAV @ SAURABH KUMARversusTHE STATE OF BIHAR

Decided
Disposal
DISMISSED

Holding

The court held that anticipatory bail cannot be granted as a prima facie case under the SC/ST Act exists and the allegations are not denied.

Summary

The appellant, Saurabh Kumar Yadav, was charged with offences including dowry demand, assault, robbery, and caste-based harassment under Sections 341, 323, 379, 498A, 494, 506 of the IPC and Section 3(i)(w)(r)(s) of the SC/ST (Prevention of Atrocities) Act. He sought anticipatory bail, which was denied by the Additional Sessions Judge and appealed before the Patna High Court. The court noted that the informant’s allegations of dowry demand, eviction from the matrimonial home, and caste insults were not contested, establishing a prima facie case under the SC/ST Act. The court also observed that a different yardstick had been applied in a related anticipatory bail order for other appellants, but that did not favor the present appellant. Consequently, the High Court refused to grant anticipatory bail and dismissed the appeal.

Issues considered

  • Whether anticipatory bail should be granted to the appellant in view of the alleged offences under the IPC and the SC/ST (Prevention of Atrocities) Act.
  • Whether a prima facie case exists under the SC/ST Act sufficient to deny anticipatory bail.
  • Whether the yardstick applied in a prior anticipatory bail order for similar allegations is applicable to the present case.

Legislation cited

Subjects

  • anticipatory bail
  • dowry demand
  • SC/ST Act
  • caste harassment
  • IPC offences
  • bail jurisprudence
  • matrimonial dispute

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.28 of 2025
                  Arising Out of PS. Case No.-17 Year-2023 Thana- COMPLAINT CASE District- Supaul
                 ======================================================
                 SAURABH KUMAR YADAV @ SAURABH KUMAR S/O SURENDRA
                 YADAV RESIDENT OF BALWA PUNARWAS, WARD NO. 1, P.S. and
                 DISTRICT- SUPAUL

                                                                                ... ... Appellant/s
                                                      Versus
           1.    THE STATE OF BIHAR
           2.    KANCHAN KUMARI D/O LAKSHMI RAM, W/O SAURABH KUMAR
                 YADAV @ SAURABH KUMAR RESIDENT OF BALWA PUNARWAS,
                 WARD NO. 1, P.S. and DISTRICT- SUPAUL

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

5   15-05-2026                 1. Heard learned counsel for the appellant and the

                   learned Special PP for the State, Ms. Usha Kumari 1.

                               2. The appellant has challenged the order dated

                   02.09.2024 passed by the learned Additional Sessions Judge-1st,

                   Supaul in connection with ABP No.763 of 2024 arising out of

                   SC/ST Complaint Case No.17 of 2023, instituted for the

                   offences under Sections 341, 323, 379, 498A, 494 and 506 of

                   the Indian Penal Code and Section 3(i)(w)(r)(s) of the

                   Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)

                   Act, whereby his prayer for grant of anticipatory bail has been

                   rejected.

                               3. The learned counsel appearing on behalf of the
Patna High Court CR. APP (SJ) No.28 of 2025(5) dt.15-05-2026
                                             2/3




          appellant submits that appellant is a person with clean

          antecedent and the informant alleges that she was married to the

          appellant and the accused persons including the appellant after

          marriage started demanding Rs. 3 Lacs and threatened that if

          demand is not met, appellant’s second marriage would be

          performed, further, the dispute was resolved by Supaul Mahila

          Police Station, but the accused persons again started demanding

          dowry, it is next alleged that all accused persons on 18.02.2022

          abused her by taking caste name and ousted her from her

          matrimonial home and appellant was married to Sonali.

                       4. The learned counsel for the appellant next submits

          that Surendra Yadav and Punam Devi had approached this Court

          seeking anticipatory bail by filing Cr. Appeal (SJ) No. 4947 of

          2024 and the same came to be allowed by an order dated

          22.04.2026, on which the learned Special PP submits that

          Surendra Yadav and Punam Devi were father-in-law and

          mother-in-law of the informant and order dated 22.04.2026 in

          Cr. Appeal (SJ) No. 4947 of 2024 recorded that yardstick for

          considering anticipatory bail application of the appellants is

          different from the yardsticks to be adopted for considering

          anticipatory bail of Saurav.

                       5. The learned Special PP further submits that
            Patna High Court CR. APP (SJ) No.28 of 2025(5) dt.15-05-2026
                                                         3/3




                      allegation is of demand of dowry and the informant alleges that

                      she was ousted from her matrimonial home and Saurav

                      performed his second marriage with Sonali and from perusal of

                      the pleadings made in the instant appeal, it would manifest that

                      such specific allegation is not denied. It is also submitted that

                      cognizance in the case has been taken, as such, a prima facie

                      case under the SC/ST Act is made out.

                                   6. After hearing the learned counsel for the parties,

                      the Court is not inclined to extend the privilege of anticipatory

                      bail to the appellant.

                                   7. Accordingly, the instant appeal stands rejected.

                                   8. All the pending application(s), if any, shall also

                      stand disposed of.



                                                     (Satyavrat Verma, J)
Rishabh/-

U      T


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