Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The High Court allowed the appeal and granted bail to the appellant, setting aside the lower court’s refusal.
Summary
The appellant, Abhishek Kumar, was charged under Sections 81 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting a woman under the pretext of marriage and threatening her and her mother. The trial court refused regular bail, prompting an appeal under Section 14(A)(2) of the SC/ST Act. The appellant argued that the relationship was consensual, the allegations were fabricated, the incident did not occur in an open place as required by the SC/ST Act, and the medical report did not support the charges. The High Court examined these contentions, found no merit in the refusal of bail, and imposed conditions including a bail bond of Rs.10,000 with two sureties, cooperation with the trial, and verification of criminal antecedents. Consequently, the appellate court set aside the lower court’s order and granted bail to the appellant.
Issues considered
- Whether bail should be granted to an accused under the SC/ST Act and Bihar Narcotic Substances Act for alleged sexual assault.
- Whether the alleged facts satisfy the requirements of an offence under Sections 3(1)(r)(s) of the SC/ST Act, particularly the 'open place' criterion.
- Whether the appellant's claim of consent and lack of medical evidence affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 81
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14(A)(2), 3(1)(r), 3(1)(s)
Subjects
- bail
- SC/ST Act
- sexual assault
- consent
- false allegations
- criminal procedure
- Section 14(A)(2)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3478 of 2025
Arising Out of PS. Case No.-116 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Abhishek Kumar Son of Ramashray Sah @ Bigu Sah Resident of Village -
Revatith, P.S. - Baikunthpur, District - Gopalganj
... ... Appellant/s
Versus
1. The State of Bihar
2. Neha Kumari Daughter of Late Mahangu Gond Resident of Village -
Revatith, P.S. - Baikunthpur, District - Gopalganj
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bijay Prakash Singh, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, SPP
For the Resp. No. 2 : Mr. Kamala Kant Tiwary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 01-04-2026 Heard Mr. Bijay Prakash Singh, learned counsel for
the appellant, Mr. Kamala Kant Tiwary, learned counsel
appearing on behalf of the Respondent No. 2 as well as Mrs.
Usha Kumari 1, 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 02.07.2025
passed by the learned Court of District and Additional Sessions
Judge-XI-cum-Exclusive Special Judge, SC/ST Act, Gopalganj
in connection with Baikunthpur P.S. Case No. 116 of 2025,
F.I.R. dated 27.03.2025 registered under Sections 81 and 3(5) of
the BNS, 2023 and Sections 3(1) (r) (s) of the Scheduled Castes
and Scheduled Tribes Act (Prevention of Atrocities) Act.
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3. According to the prosecution case, this appellant on
the pretext of marriage established physical relation with the
respondent no. 2 and now refusing to marry her. It is further
alleged that he also abused the respondent no. 2 and her mother
and threatened them for dire consequences.
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.
From perusal of the F.I.R. it appears that the respondent no. 2
herself stated that on the pretext of marriage the appellant has
committed sexual assault with her but it also appears from the
F.I.R. that the physical relationship has been established
between the two with the consent of the victim. And as far as the
allegation under the SC/ST Act is concerned, it appears from the
F.I.R. that the occurrence took place at the house of the
respondent no. 2 which is not an open place, so no case is made
out under the SC/ST Act. Apart from that the medical report also
does not support the allegation as alleged in the F.I.R. He further
submits that the police, after investigation, submitted charge
sheet against the appellant. The appellant is in custody since
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02.04.2025.
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.
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 District and Additional Sessions Judge-XI-
cum-Exclusive Special Judge, SC/ST Act, Gopalganj in
connection with Baikunthpur P.S. Case No. 116 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
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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
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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