Amish Jha @ Amish Kumar @ Amish Kumar Jha @ Chirag JhaversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4338 of 2025
                   Arising Out of PS. Case No.-828 Year-2025 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Amish Jha @ Amish Kumar @ Amish Kumar Jha @ Chirag Jha S/O Aman
                 Jha R/o Jay Prakash Nagar, Ward No. 6, P.S.- Madhepura, District Madhepura

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Asha Devi W/O Arun Paswan R/O Bhrikhi, Ward No. 22, P.S. Madhepura,
                 District Madhepura

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Kumar Prabhakar, Advocate
                 For the Respondent/s   :        Mr. Binay Krishna, SPP
                 For the Informant      :        Mr. Praveen Kumar Agrawal, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   12-03-2026                    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 08.10.2025 passed by learned ADJ-1-

                   cum-Special Judge, SC/ST Act, Madhepura whereby the prayer

                   for bail of the appellant in connection with SC/ST Case No. 82

                   of 2025, Madhepura P.S. Case No. 828 of 2025 under Sections

                   115(2), 126(2), 76, 78, 352, 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 3(i)(r)(s) of SC/ST Act was rejected.

                              3. As per the prosecution case, the appellant along

                   with other co-accused pulled the informant’s daughter inside the
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          car, misbehaved with her and when she opposed, the appellant

          assaulted her and gave knife blow on her hand.

                      4. Learned counsel for the appellant submits that the

          appellant is innocent and has falsely been implicated in the

          present case on account of previous enmity regarding sharing of

          earnings from social media reels made jointly with the alleged

          victim. A monetary dispute arose when the victim demanded

          ₹50,000/- which was settled before the local panchayat on

          22.09.2024 and ₹25,000 was paid to her; the agreement itself

          records her age as about 19 years and the medical report also

          assesses her age between 18–20 years. It is further submitted

          that the victim had earlier threatened to misuse videos and

          falsely implicate the appellant, regarding which a sanha

          application was filed. Learned counsel further contended that

          the victim’s statements are inconsistent, the medical report does

          not support the allegation, and even after investigation the

          police submitted final form finding no evidence against the

          appellant, however, learned court below differing with the same

          took cognizance under Sections 115(2), 126(2), 76, 78, 352, 3(5)

          of the Bharatiya Nyaya Sanhita, 2023 and Section 3(i)(r)(s) of

          the SC/ST Act. Learned counsel for the appellant further

          submits that the appellant has not taken the caste name of the
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          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 is in custody since 07.08.2025 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

          appellant, this Court is inclined to allow this appeal.

          Accordingly, the appeal is allowed and order dated 08.10.2025

          passed by learned ADJ-1-cum-Special Judge, SC/ST Act,

          Madhepura in connection with SC/ST Case No. 82 of 2025,

          Madhepura P.S. Case No. 828 of 2025 is hereby set aside.

                       7. Let the appellant, abovenamed, be released on bail

          on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen

          Thousand) with two sureties of the like amount each to the

          satisfaction of Court below/concerned Court in connection with

          SC/ST Case No. 82 of 2025, Madhepura P.S. Case No. 828 of

          2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of
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                     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

                     bail bonds of the appellant.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T