Patna High Court
Arbaz Hussain @ Md. Arwaz @ Md. Arwaz hussainversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The court held that bail could not be granted to the appellant at this stage, upholding the lower court’s denial.
Summary
The appellant, Arbaz Hussain (also known as Md. Arwaz), was charged under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly threatening to marry the informant's daughter and for using caste-based abusive language. The informant alleged that the appellant’s family abused her caste name after she inquired about her missing daughter, who later tested positive for pregnancy. The appellant contended he did not use caste slurs in public, had no criminal antecedent, and the victim had married another person. The Special Public Prosecutor and the informant opposed bail, emphasizing the seriousness of the alleged offence and the pregnancy evidence. The High Court, after considering the nature and gravity of the alleged offence, refused to grant bail, thereby upholding the lower court’s order.
Issues considered
- Whether the appellant is entitled to bail under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 in a case involving alleged offences under the SC/ST Act.
- Whether the alleged use of caste-based abusive language and threat to marry the informant's daughter constitute an offence under Section 3(1)(r)(s) of the SC/ST Act.
- Whether the presence of a positive pregnancy test influences the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 96
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- bail
- SC/ST Act
- caste harassment
- threat to marry
- pregnancy evidence
- criminal procedure
- scheduled castes
- scheduled tribes
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3823 of 2025
Arising Out of PS. Case No.-541 Year-2024 Thana- GHOSI District- Jehanabad
======================================================
Arbaz Hussain @ Md. Arwaz @ Md. Arwaz hussain S/o Md. Amzad Resident
of Village- Shekhpura, PS- Ghosi, Distt.- Jehanabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Ranju Devi W/o Bablu Mochi R/o vill - Shekhpura, P.s.- Ghosi, Distt. -
Jehanabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Md Ataul Haque, Advocate
For the informant : Mr. Umesh Kumar, Advocate
Mr. Abhishek Anand, Advocate
Mr.Shubhankar Raj, Advocate
For the Respondent/s : Mr.Usha Kumari 1, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 22-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant/Respondent No. 2 and perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 24.01.2025 passed by A.S.J-1-cum-
Special Judge SC/ST Act, Jehanabad, whereby the prayer for
bail of the appellant in connection with Ghoshi P.S. Case No.
541 of 2024, under Sections 137(2) and 96 of the Bharatiya
Nyaya Sanhita, 2023 and Section 3(1)(r)(s) of the SC/ST Act
was rejected.
3. Prosecution case, in short, is that on 27.09.2024 at
about 10.00 A.M. daughter of the informant went to appear in
Patna High Court CR. APP (SJ) No.3823 of 2025(5) dt.22-01-2026
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Inter Examination but she did not return home in the evening.
Informant made intense search of her daughter, but she did not
find any trace. Further she come to know that one Md. Arwaz
(Appellant) called her daughter and he used to give threatening
that he will marry with her daughter. Thereafter, informant went
to the house of appellant and asked about her daughter then
family members of the appellant started abusing her by taking
her caste name.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the appellant further submits that the
appellant has not taken the caste name of the informant in public
view. Hence, no offence under the provisions of SC/ST Act is
made out against him. The appellant has no intention to disgrace
the image of the informant in public view. The appellant and the
informant are neighbours. The victim has solemnized marriage
with another person. The appellant is in custody since
08.12.2024 and has no criminal antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellant. In the medical report the pregnancy test was found
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positive.
6. Considering the aforesaid facts and circumstances
of the case, nature and gravity of offence, this Court is not
inclined to grant bail to the Appellant at this stage.
7. Accordingly, the prayer for grant of bail to the
Appelalnt is, hereby, rejected.
(Rudra Prakash Mishra, J)
manish/-
U T
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