Patna High Court
KARE SAH @ KARE LAL SAHversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court upheld the trial court’s order rejecting regular bail for the appellant.
Summary
The appellant, Kare Sah, was charged under Sections 376 and 342 of the IPC and Sections 3(1)(w) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act for allegedly raping a woman while she was returning from the market. He applied for regular bail, but the Special Judge of the SC/ST Act Court rejected the bail application, directing that the trial be expedited as the appellant had been in custody since May 2, 2025. The appellant appealed the bail denial before the Patna High Court. The High Court examined the seriousness of the offences, the nature of the allegations involving a scheduled caste victim, and the statutory presumption against bail in such cases. It concluded that the trial court’s discretion to deny bail was exercised correctly. Consequently, the High Court upheld the trial court’s order rejecting bail and directed the trial to proceed without further delay.
Issues considered
- Whether regular bail should be granted to an accused of rape and kidnapping under the IPC and SC/ST Act.
- Whether the nature of the offence and the victim's scheduled caste status justify denial of bail.
Legislation cited
- Indian Penal Code — s. 342, 376
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(w), 3(2)(va)
Subjects
- bail
- rape
- SC/ST Act
- scheduled caste
- criminal procedure
- regular bail denial
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4451 of 2025
Arising Out of PS. Case No.-128 Year-2024 Thana- BELDOUR District- Khagaria
======================================================
KARE SAH @ KARE LAL SAH Son of Late Vilas Sah @ Late Bilas Sah
Resident of village - Koylatamar, Nageshwar Basa, P.S.- Beldour, District -
Khagaria
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Rekha Devi Wife of Sudan Sada R/o village - Koylatamar, Nageshwar Basa,
Ward No.- 5, P.S.- Beldour, District - Khagaria
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Md Naushaduzzoha, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 29-01-2026 Heard learned counsel for the appellant, learned
Special P.P. for of the State and learned counsel appearing on
behalf of respondent no. 2.
2. This appeal has been filed against the order dated
13.08.2025 passed by learned ADJ-1st - cum- Special Judge,
SC/ST Act, Khagaria, in connection with Beldour P.S. Case No.
128 of 2024, Spl. (SC/ST) G.R. No. 57 of 2024, registered
under Sections 376, 342 of the Indian Penal Code, and Sections
3(1)(w), 3(2)(va) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act (for short “SC/ST Act”), whereby
the prayer for regular bail of appellant has been rejected.
3. As per prosecution case, on the alleged date and time
Patna High Court CR. APP (SJ) No.4451 of 2025(3) dt.29-01-2026
2/2
of occurrence, while the informant was returning from market,
this petitioner grabbed her hands and took her to the maize field
and committed rape.
4. Considering the nature of accusation, the prayer for
regular bail of appellant is rejected. However, since petitioner is
in custody since 02.05.2025, the learned trial court is directed to
expedite the trial.
(Prabhat Kumar Singh, J)
khushbu/-
U
Checking your session…