Patna High Court
Md. ArwazversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court held that the allegations do not amount to an atrocity under the SC/ST Act and that the appellant is entitled to bail, setting aside the trial court’s order.
Summary
The appellant, Md Arwaz, was charged with kidnapping the minor daughter of an informant for illicit intercourse or marriage under several sections of the Bihar Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The victim’s statement recorded under Section 183 of the BNSS indicated she left home voluntarily and married the appellant, denying any kidnapping or physical relationship. The appellant appealed the trial court’s refusal to grant bail, invoking Section 14A(2) of the SC/ST Act and arguing that the allegations do not constitute an atrocity under the Act. The High Court held that the victim’s voluntary statement negated the kidnapping claim, that the conduct did not fall within the definition of an atrocity, and that bail could be granted under Section 438(2) of the Cr.P.C. The court set aside the trial court’s order, granted bail with conditions, and allowed the appeal.
Issues considered
- Whether the alleged kidnapping and alleged illicit relationship constitute an offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Whether the trial court’s refusal to grant bail was justified in view of the victim’s statement and the nature of the allegations.
- Whether the appeal filed under Section 14A(2) of the SC/ST Act is within the limitation period prescribed by Section 14A(3).
- Whether the victim’s statement under Section 183 of the BNSS is relevant and admissible for determining the existence of kidnapping.
Legislation cited
- Bihar Negotiable/Statutory (BNSS) — s. 161, 180, 183
- Bihar Penal Code (BNS) — s. 115(2), 137(2), 3(5), 351(2), 352, 96
- Criminal Procedure Code — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14A(2), 14A(3), 2(r a), 3(1)(r)(s)
Subjects
- bail
- kidnapping
- minor
- marriage
- SC/ST Act
- atrocity
- Criminal Procedure Code
- Section 438
- scheduled caste
- scheduled tribe
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3719 of 2025
Arising Out of PS. Case No.-182 Year-2025 Thana- RAGHOPUR District- Supaul
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Md. Arwaz Son of Md. Ansarul Resident of village - Rambishanpur, Ward
No.- 7, P.S.- Raghopur, District – Supaul. ... ... Appellant/s
Versus
1. The State of Bihar.
2. Raj Kumar Sharma Son of Kamal Sharma, Resident of village - Fingalas,
Ward No.- 15, P.S.- Raghopur, District - Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Pramod Mishra, Advocate
For the Respondent/s : Mr.Binay Krishna, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the appellant and learned
Special P.P. for the State.
2. The appellant has preferred the present appeal under
Section 14A(2) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act (for short ‘the Act’) against the order
dated 23.07.2025 passed by the learned District and Additional
Sessions Judge 1st cum Special Judge (SC/ST Act) Supaul, in
A.B.P. No. 1002/2025 in connection with Raghopur P.S. Case No.
182/2025 registered under Sections 137(2), 96, 115(2), 352,
351(2) and 3(5) of BNS and Sections 3(1)(r)(s), 2(r a) of SC/ST
Act.
3. Present appeal is well within limitation as prescribed
under Section 14A(3) of the Act.
Patna High Court CR. APP (SJ) No.3719 of 2025(3) dt.23-02-2026
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4. Allegation against the appellant is to kidnap the minor
daughter of the informant aged about 18 years for the purpose of
illicit intercourse/marriage.
5. Learned counsel appearing for the appellant submitted
that during course of investigation the daughter of the informant
was recovered and her statement was recorded under Section 183
of BNSS, where she categorically stated that she left her parental
home out of her own sweet will and, thereafter, solemnized
marriage with appellant in Temple. It is submitted that she not
even stated anything that any physical relationship was established
with appellant. It is pointed out that allegation of sexual assault is
also not available against appellant as per aforesaid statement.
Upon medical examination, victim found between the age group of
17-19 years. Appellant claimed clean antecedent.
6. Arguing further, it is submitted that no allegation as to
abuse the informant appears available on facial perusal of the FIR
and, moreover, occurrence is not due to atrocities as defined
within the meaning of Act.
7. Learned Special P.P. duly assisted by learned counsel
Mr. Amrit Abhijat, appearing for the informant, while opposing the
prayer of bail submitted that appellant belongs to different religion
and it was done in very planned manner and it is a case of “ love
Patna High Court CR. APP (SJ) No.3719 of 2025(3) dt.23-02-2026
3/4
jihad”. It is submitted that in admit card of matriculation
examination, the victim was minor on the date of occurrence as
her age was recorded there as 07.05.2008. It is submitted that in
view of same the statement as recorded under Section 183 of
BNSS is of no relevancy.
8. Taking contrary to the aforesaid submission, it is
submitted by learned counsel that marriage was solemnized in
Mandir and, moreover, during investigation several witnesses while
recording their statement under Section 161 of Cr.P.C./180 of
BNSS said that appellant was in love with daughter of the
informant since before one year of the occurrence and they are
planning to solemnize their marriage after attaining majority.
9. Let it be so, considering the allegation, as victim
categorically denied allegation of kidnapping and establishing
physical relationship with appellant through her statement
recorded under Section 183 of BNSS, accordingly, above-named
appellant in the event of his arrest or surrender before the learned
trial Court, within a period of six weeks of the order, is directed to
be released on bail furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions Judge
1st cum Special Judge (SC/ST Act) Supaul/concerned Court, where
Patna High Court CR. APP (SJ) No.3719 of 2025(3) dt.23-02-2026
4/4
the case is pending in connection with in A.B.P. No. 1002/2025 in
connection with Raghopur P.S. Case No. 182/2025 subject to the
conditions as laid down under Section 438(2) of the Cr.P.C.
10. Accordingly, impugned order dated 23.07.2025 as
passed through A.B.P. No. 1002/2025 is hereby set
aside/quashed.
11. Hence, appeal stands allowed.
(Chandra Shekhar Jha, J)
veena/-
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