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Patna High Court

Razaur Rahman AnsariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the lower court’s order denying bail and granted bail, finding that the essential ingredients of the SC/ST Act were not made out against the appellant.

Summary

The appellant, Razaur Rahman Ansari, was charged under the Bharatiya Nyaya Sanhita, 2023 (sections 87, 352, 115(2) and 351(2)) and the SC/ST Act (section 3(i)(r)(s)) for allegedly abducting a woman, subjecting her to sexual assault and using caste‑based derogatory remarks. The Special Judge had rejected his bail application. On appeal, the Patna High Court examined the FIR, noting a two‑month delay in filing and the absence of any specific overt act or intentional insult that would satisfy the SC/ST Act’s requirements. The Court held that the essential ingredients of the SC/ST Act were not prima facie established and that the case appeared to involve a consensual relationship. Consequently, the order denying bail was set aside and the appellant was granted bail on condition of a cash bond and sureties. The judgment was limited to bail and did not address the merits of the underlying criminal allegations.

Issues considered

  • Whether the allegations against the appellant satisfy the essential ingredients of the SC/ST Act, 1989.
  • Whether the appellant is entitled to bail despite the pending charges under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act.
  • Whether the delay in lodging the FIR affects the bail application.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • caste discrimination
  • sexual assault
  • FIR delay
  • Bharatiya Nyaya Sanhita
  • consensual relationship

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.287 of 2026
                     Arising Out of PS. Case No.-204 Year-2025 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Razaur Rahman Ansari S/o Late Hakim Abdul Rahman Resident of Village-
                 Bakhri Garhi Tola, P.S - Bakhri, District - Begusarai

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Sunita Kumari D/o Jagnarayan Ram R/o Village - Bakhri, Garhi Tola, Ward
                 No. 15, P.S - Bakhri, District - Begusarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ravindra Kumar Singh
                 For the Respondent/s    :        Mrs. Usha Kumari 1
                 For the Res No. 2       :        Mr. Krishna Prabhat
                                                  Mr. Mahendra Thakur
                                                  Mr. Ratan Raj
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   23-04-2026                 Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State as well as learned

                   counsel appearing on behalf of the informant.

                               2. The present appeal has been preferred against the

                   order dated 11.12.2025 passed by the learned Exclusive Special

                   Judge, SC/ST Act, Begusarai in connection with Bakhri P.S.

                   Case No. 204 of 2025, registered for the offence punishable

                   under Sections 87, 352, 115(2) and 351(2) of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 3(i)(r)(s) of the SC/ST Act,

                   whereby the prayer for bail of the appellant has been rejected.

                               3. As per the prosecution case, the allegation against
Patna High Court CR. APP (SJ) No.287 of 2026(3) dt.23-04-2026
                                             2/3




          the appellant is that he took away the victim and, on the pretext

          of marriage, subjected her to sexual assault. It is further alleged

          that he also abused the victim by using caste-based derogatory

          remarks.

                       4. Learned counsel for the appellant submits that the

          appellant is innocent and has been falsely implicated in this

          case. It is further submitted that there is no specific allegation

          against the appellant and there is no allegation of intentional

          insult or intimidation with intent to humiliate the informant in

          any place within public view so as to attract the provisions of

          the SC/ST Act. It is further submitted that the appellant is in

          custody since 17.10.2025 and has no criminal antecedent.

                       5. Learned Special Public Prosecutor for the State and

          learned counsel for the informant have opposed the prayer for

          bail.

                       6. Having considered the submissions of the parties

          and upon perusal of the materials available on record, it appears

          that no specific overt act has been attributed to the appellant.

          Further, the essential ingredients to attract the provisions of the

          SC/ST Act prima facie do not appear to be made out against the

          appellant. The FIR has been lodged after a delay of about two

          months. From a reading of the FIR, it appears to be a case of a
            Patna High Court CR. APP (SJ) No.287 of 2026(3) dt.23-04-2026
                                                         3/3




                      consensual relationship between the parties.

                                   7. Accordingly, the impugned order dated 11.12.2025

                      passed by the learned Exclusive Special Judge, SC/ST Act,

                      Begusarai in connection with Bakhri P.S. Case No. 204 of 2025,

                      is set aside, and the appeal is allowed.

                                   8. Let the appellant be released on bail on furnishing

                      bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the

                      learned Court below where the case is pending/successor Court

                      in connection with Bakhri P.S. Case No. 204 of 2025.

                                   9. It is made clear that the observations made herein

                      are prima facie in nature and confined only to the adjudication

                      of the present appeal for bail and shall not be construed as an

                      expression on the merits of the case.



                                                               (Sandeep Kumar, J)
Shishir/-

U       T


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