Patna High Court
Devendra Sah @ Devendra DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The appeal is dismissed; bail is not granted to the appellant.
Summary
The appellant, Devendra Sah, appealed against the order of the Exclusive Special Judge refusing bail in a case alleging his involvement in the rape of the informant's mentally challenged daughter, recording and circulating a video of the act, and offences under the SC/ST (Prevention of Atrocities) Act. The appellant contended that he was falsely implicated, that no caste name was used publicly, and that he has no prior criminal record. The State and the informant opposed bail, citing the grave nature of the offences and corroboration of the FIR by a relative of the victim. The High Court examined the seriousness of the charges under the Bharatiya Nyaya Sanhita, the Information Technology Act and the SC/ST Act, and found that the circumstances warranted denial of bail. Consequently, the appeal was dismissed and the bail denial upheld.
Issues considered
- Whether bail should be granted to the accused under Sections 126(2), 64(2), 70(1) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged rape and video circulation.
- Whether the alleged conduct attracts liability under Sections 67 and 67(A) of the Information Technology Act.
- Whether the provisions of Sections 3(1)(w) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act are attracted when the caste name was not publicly used.
- Whether the gravity of the offences justifies the refusal of bail at the stage of the proceedings.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 126(2), 64(2), 70(1)
- Information Technology Act — s. 67, 67(A)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(w), 3(2)(v)
Subjects
- bail
- rape
- video pornography
- SC/ST Act
- Information Technology Act
- false implication
- criminal procedure
- heinous offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4037 of 2025
Arising Out of PS. Case No.-144 Year-2025 Thana- BACHHWARA District- Begusarai
======================================================
Devendra Sah @ Devendra Das S/o- Late Ajit Sah @ Late Uchit Sah Resident
of village- Kadrabad Ward no- 12 P.S- Bachwara District-Begusarai
... ... Appellant/s
Versus
1. The State of Bihar
2. Amar Paswan S/o- Lata Lakshman Paswan R/v- Kadrabad, W.No-12, Ps-
Bachwara Dist- Begusarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sarvottam Kumar, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, SPP
For the Informant : Mr. Randhir Kumar No. 1, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 22-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant.
2. The instant appeal has been filed by the appellant
against the order dated 02.09.2025 passed by learned Court of
Exclusive Special Judge, SC/ST Act, Begusarai whereby the
prayer for bail of the appellant in connection with Bachhwara
P.S. Case No. 144 of 2025 under Sections 126(2), 64(2), 70(1)
of the Bharatiya Nyaya Sanhita, 2023, Sections 67, 67(A) of the
Information Technology Act and Sections 3(1)(w), 3(2)(v) of
SC/ST Act was rejected.
3. The allegation against the accused persons is of
Patna High Court CR. APP (SJ) No.4037 of 2025(4) dt.22-01-2026
2/3
committing rape upon the informant’s daughter and also of
making a video of the incident and circulating the same.
4. Learned counsel for the appellant submits that the
appellant has falsely been implicated in the present case.
Learned counsel for the appellant submitted that the appellant is
innocent and has not committed any offence as alleged in the
FIR and has falsely been implicated in the present case. Learned
counsel for the appellant submitted that general and omnibus
allegation has been made against the appellant. 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. It has been submitted on behalf of the
appellant that the appellant is in custody since 28.04.2025 and
has no criminal antecedent.
5. Learned S.P.P. for the State and learned counsel for
the informant vehemently opposed the prayer for grant of bail to
the appellant. Learned SPP further submitted that aunt of the
victim in her statement recorded under Section 183 of the BNSS
has corroborated the contents of the FIR. Learned SPP and
learned counsel for the informant jointly submitted that the
Patna High Court CR. APP (SJ) No.4037 of 2025(4) dt.22-01-2026
3/3
allegations against the accused persons including the appellant
are grave in nature, involving rape of a mentally challenged girl
and preparation and circulation of a video of the incident, and
therefore the appellant does not deserve to be released on bail.
6. Considering the aforesaid facts and circumstances
of the case as also the nature and gravity of offence, this Court
is not inclined to grant bail to the appellant at this stage.
7. Accordingly, the present appeal is dismissed.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…