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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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