Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the order refusing anticipatory bail and allowed the appeal, granting anticipatory bail subject to conditions.
Summary
The appellant, Sonu Kumar, was charged under several sections of the Bihar Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged assault, intimidation and caste-based abuse following a dispute with the informant, who claimed a false marital relationship. The appellant contended that the allegations were false, stemmed from a land‑related dispute, and that no prima facie offence under the SC/ST Act existed. The State opposed anticipatory bail, citing a counter‑affidavit that showed a large sum of money transferred to the appellant’s account in multiple installments, suggesting possible extortion. The High Court examined whether the facts disclosed a cognizable offence under the SC/ST Act and whether anticipatory bail could be granted under Section 14‑A(2) of that Act. Finding the allegations insufficient to establish a prima facie case, the Court set aside the trial court’s refusal of bail and granted anticipatory bail with conditions under Section 482(2) of the CrPC. The appeal was therefore allowed.
Issues considered
- Whether the allegations against the appellant constitute a prima facie offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Whether anticipatory bail can be granted under Section 14‑A(2) of the SC/ST Act in the present circumstances.
- Whether the money transferred to the appellant’s account indicates a criminal offence that defeats bail.
Legislation cited
Subjects
- anticipatory bail
- SC/ST Act
- caste discrimination
- false allegations
- money transaction
- bail conditions
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3238 of 2025
Arising Out of PS. Case No.-164 Year-2025 Thana- MUFFASIL District- Aurangabad
======================================================
Sonu Kumar Son of Upendra Yadav R/o Village - Redia, P.S. - Muffasil, Dist -
Aurangabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Pooja Kumari D/o Ram Uchit Ram R/o Village - Pouthu, P.S. - Pouthu, Dist.
- Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Kamlendra Prasad Singh, Adv
For the Respondent/s : Mr.Sadanand Paswan, Spl. PP
Mr. Dharmendra Kumar Paswan, Advocate
Mr. Amar Kumar, Advocate
Ms. Deepshikha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 12-03-2026 1. Heard learned counsel for the appellant; learned
Spl. P.P. for the State, Sri Sadanand Paswan and learned counsel
appearing on behalf of the informant.
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 22-7-2025 in A.B.P. No. 1662 of 2025 passed by the
learned District and Additional Sessions Judge 1 st-cum-Special
Judge (S.C./S.T, NDPS and Children Act) Aurangabad (Bihar)
in connection with Aurangabad Muffasil P.S. Case No. 164 of
Patna High Court CR. APP (SJ) No.3238 of 2025(4) dt.12-03-2026
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2025 registered for the offences punishable under Sections
126(2), 115(2), 69, 352 and 3(5) of the BNS as well as Sections
3(1)(r)(s) and 3(2)(Va) of the SC/ST Act.
3. Learned counsel for the appellant submits that
appellant submits that appellant is a person with clean
antecedent and the informant alleges that appellant for the last
three years on false pretext of marriage was establishing
physical relation, further whenever the informant asked for
performing marriage, the appellant used to give excuses and
when she disclosed her relationship with the family members of
the appellant, they abused and assaulted saying that she belongs
to low caste, further on 12-4-2025 when informant went to the
house of the appellant, his family members abused by taking
caste name and ousted her from the house.
4. Learned counsel for the appellant submits that the
appellant has been falsely implicated in the instant case by the
informant. It is next submitted that a specific pleading has been
made in the appeal that father of the informant is Bataidar of the
appellant and on account of dispute relating to Bataidari, the
instant false case came to be instituted. It is also submitted that
even presuming what has been alleged is true without admitting
then it manifests that the relationship in between the informant
Patna High Court CR. APP (SJ) No.3238 of 2025(4) dt.12-03-2026
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and the appellant was consensual. It is further submitted that in
the nature of allegation as alleged in the FIR, prima facie no
offence under the SC/ST Act is made out. It is next submitted
that though the informant alleges that when she disclosed about
her relation with the appellant to the family members of the
appellant, they abused and assaulted by taking caste name, but
then the said occurrence did not take place in public view. It is
next submitted that informant lastly alleges that on 12-4-2025,
when she went to the house of appellant, his family members
abused her by taking caste name and ousted her from the house
again. It is thus submitted that this part of the allegation also
does not even remotely suggest that a prima facie offence under
the SC/ST Act is made out, as the occurrence took place in the
house of the appellant. It is next submitted that of late it is
becoming rampant that two consenting adults come in a
relationship and when the relationship sours, a false case is
instituted.
5. Learned Spl. P.P. for the State and the learned
counsel appearing on behalf fo the informant opposes the prayer
for anticipatory bail of the appellant. Learned counsel appearing
on behalf of the informant submits that a counter-affidavit has
been filed wherein a specific pleading has been made
Patna High Court CR. APP (SJ) No.3238 of 2025(4) dt.12-03-2026
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substantiated by documents that an amount of Rs. 1 lakh and
odd was credited in the account of the appellant, on which the
learned counsel appearing on behalf of the appellant submits
that no doubt the amount was credited but then the said amount
was credited through the account of the informant in the account
of the appellant by the father of the informant who is Bataidar of
the father of the appellant, it is further submitted that no doubt
an amount of Rs. 1 lakh and odd has been credited, but then the
same has been credited not in one go, but over a period of time
as detailed in the counter-affidavit, which further goes to
demonstrate had it been a case where the appellant was
demanding the money from the informant and the informant
would have given the amount in that event the amount would
not have been given on 17 dates.
6. After hearing the learned counsel for the parties, let
the appellant above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs. 5,000/-
(Rupees Five Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with the aforesaid case,
subject to the conditions as laid down under Section 482 (2) of
Patna High Court CR. APP (SJ) No.3238 of 2025(4) dt.12-03-2026
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the BNSS.
7. Accordingly, the impugned order is set aside and
the appeal stands allowed.
(Satyavrat Verma, J)
Sumit/-
U T
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