Patna High Court
Pankaj SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed and bail is granted to the appellant subject to conditions.
Summary
The appellant, Pankaj Sah, appealed against the denial of bail in a case filed under Section 64 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s) & 3(2)(va) of the SC/ST Act. The prosecution alleged that he maintained a physical relationship with the informant, Anchal Kumari, on a false promise of marriage, later refused to marry her, and attempted to defame her by disclosing the relationship to her husband. The appellant contended that the relationship was consensual, the victim was a major, there was a two‑month delay in filing the FIR, and no caste name was used publicly, thus no offence under the SC/ST Act. Relying on Supreme Court precedents, the appellant argued that the allegations did not constitute an offence. The Patna High Court, after considering the facts and the appellant’s custody period, allowed the appeal, set aside the lower court’s order, and granted bail with conditions.
Issues considered
- Whether bail should be granted to the appellant pending trial under Section 64 of the Bharatiya Nyaya Sanhita, 2023 and the relevant provisions of the SC/ST Act.
- Whether the alleged conduct amounts to an offence under Sections 3(1)(r)(s) & 3(2)(va) of the SC/ST Act.
- Whether the delay in lodging the FIR and the age of the victim affect the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 64
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- bail
- SC/ST Act
- Bharatiya Nyaya Sanhita
- consensual relationship
- defamation
- caste discrimination
- delay in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4072 of 2025
Arising Out of PS. Case No.-140 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Pankaj Sah S/o Shiv Shankar Sah R/o Village- Piyarauta, P.S.- Bhore,
District- Gopalganj, Bihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Anchal Kumari D/o Ramnikshatra Ram @ Chhatar Ram R/o Village-
Piyarauta, P.S.- Bhorey, District- Gopalganj, Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Indrajeet Bhushan, Advocate
For the Respondent/s : Mr. Binay Krishna, APP
For the Informant : Mr. Kumar Kaushlendra, 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 18.08.2025 passed by learned ADJ-XI-
cum-Exclusive Special Judge, SC/ST Act, Gopalganj whereby
the prayer for bail of the appellant in connection with Bhore PS
Case No. 140 of 2025 instituted under Section 64 of the
Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s) & 3(2)
(va) of SC/ST Act was rejected.
Patna High Court CR. APP (SJ) No.4072 of 2025(4) dt.22-01-2026
2/4
3. Prosecution case, in short, is that appellant
allegedly maintained a physical relationship with the informant
for about one and a half years on the false promise of marriage
but later refused to marry her. Subsequently, her family arranged
her marriage elsewhere, after which appellant repeatedly called
her and disclosed their part relationship to her husband with
intent to defame her.
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. It is
mainly submitted that victim is major and there is delay of about
two months in lodging the FIR. It is next submitted that since
victim is major and sexual relationship established, if any, shall
be construed to be consensual in nature. Learned counsel for the
appellant has further placed reliance on cases of the Hon’ble
Supreme Court since reported in 2018 SCC Online SC-3100
(Dr. Dhruvaram Murlidhar Sonar versus The State of
Maharastra & Ors) and (2019) 9 SCC 608 (Pramod
Suryabhan Pawar vs. The State of Maharashtra and Ors.).
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
Patna High Court CR. APP (SJ) No.4072 of 2025(4) dt.22-01-2026
3/4
made out against him. The appellant has no intention to disgrace
the image of the informant in public view. The appellant is in
custody since 18.08.2025 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.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 18.08.2025
passed by learned ADJ-XI-cum-Exclusive Special Judge, SC/ST
Act, Gopalganj is hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhore PS Case No.
140 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the appellant.
(II) The appellant shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
Patna High Court CR. APP (SJ) No.4072 of 2025(4) dt.22-01-2026
4/4
bail bonds of the appellant.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…