Patna High Court
Khus Nasib Nutt@ Khushansib NuttversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The appeal is allowed; the order refusing bail is set aside and the appellant is granted bail with conditions.
Summary
The appellant, Khus Nasib Nutt, appealed against the Additional Sessions Judge's refusal to grant regular bail under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution alleged that the appellant abducted the informant's daughter and used caste slurs, while the defence argued that the appellant has a clean record, the FIR is fabricated, and the victim’s statement under Section 183 of the Bihar National Security Act does not support the charges. The victim also claimed she was pregnant and that the appellant was the father. The High Court examined the bail provisions, the nature of the allegations, and the appellant’s custody status, and concluded that bail should be granted with strict conditions, including cooperation with the trial and verification of criminal antecedent. Consequently, the court set aside the lower court’s order and allowed the appeal, directing that bail be released on a bond of Rs.10,000 with two sureties and specified conditions.
Issues considered
- Whether the refusal of regular bail under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act is justified in the present facts.
- Whether the alleged abduction and caste-based abuse warrant denial of bail.
- Whether the victim’s statement under Section 183 of the Bihar National Security Act impacts the bail decision.
- Whether the conditions imposed for bail are appropriate and lawful.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14(A)(2), 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- bail
- Scheduled Castes and Scheduled Tribes Act
- regular bail
- abduction
- caste-based offence
- pregnancy claim
- appeal
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3320 of 2025
Arising Out of PS. Case No.-44 Year-2025 Thana- KALUAHI District- Madhubani
======================================================
Khus Nasib Nutt@ Khushansib Nutt S/O Md. Zakir Nutt R/O Village-
Harswara@ Hariswara, PS- Khajauli, Distt- Madhubani
... ... Appellant/s
Versus
1. The State of Bihar
2. Anita Devi W/O Ram Babu Ram R/O Village-Baluatole, Ward no. 09, PS-
Kaluahi, Distt-Madhubani
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ratnakar Jha, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
For the Resp. No. 2 : Mr. Udheshya Kr. Yadav, Advocate
Mr. Gagandeo Yadva, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 01-04-2026 Heard Mr. Ratnakar Jha, learned counsel for the
appellant, Mr. Udheshya Kr. Yadav, learned counsel appearing
on behalf of the Respondent No. 2 as well as Mr. Binay Krishna
learned Spl.P.P. for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for regular bail by order dated 03.05.2025
passed by the learned Court of Additional Sessions Judge-I-
cum-Special Judge, (SC/ST), Madhubani in connection with
Kaluahi P.S. Case No. 44 of 2025, F.I.R. dated 28.03.2025
registered under Sections 137(2) and 96 of the BNS, 2023 and
Sections 3(1) (r), 3 (1) (s), 3(2)(va) of the Scheduled Castes and
Scheduled Tribes Act (Prevention of Atrocities) Act.
Patna High Court CR. APP (SJ) No.3320 of 2025(5) dt.01-04-2026
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3. According to the prosecution case, this appellant
along with other accused person have abducted the daughter of
the informant and abused the informant by her caste name.
4. Learned counsel for the appellant submits that
appellant has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
appellant has not committed any offences as alleged in the F.I.R.
In fact, the appellant was in love with the victim and the victim
was recovered and her statement was recorded under Section
183 of the BNSS, 2023 in which she has not supported the case
of the prosecution. Apart from the aforesaid, she has stated in
her statement that she was pregnant on the date of her medical
examination and she further submits that she is carrying
pregnancy of 7 months from the appellant. He further submits
that the police, after investigation, submitted charge sheet
against the appellant. The appellant is in custody since
30.03.2025.
5. Learned counsel appearing on behalf of the
Respondent No. 2 as well as learned Special Public Prosecutor
for the State have vehemently opposed the prayer for bail of the
appellant and submits that the appellant has abducted the
Patna High Court CR. APP (SJ) No.3320 of 2025(5) dt.01-04-2026
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daughter of the informant and apart from that he has established
physical relation with the victim.
6. Considering the aforesaid facts and circumstances
of the case, let the appellant, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Court of Additional Sessions Judge-I-cum-Special
Judge, (SC/ST), Madhubani in connection with Kaluahi P.S.
Case No. 44 of 2025, with other following conditions:-
i. Appellant shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellant and in case at
any stage it is found that the appellant have concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellant. However, the
Patna High Court CR. APP (SJ) No.3320 of 2025(5) dt.01-04-2026
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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