Patna High Court
Prince Kumar Sahani @ Prince KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order denying bail is set aside and the appellant is granted bail subject to conditions.
Summary
Prince Kumar Sahani appealed against the denial of bail by the Special Judge under the SC/ST Act in a case alleging that he used the informant's caste name and insulted the informant after refusing a marriage alliance. The prosecution alleged that Sahani had a physical relationship with the informant's daughter, later married her, and then abused the informant by invoking his caste name. Sahani contended that he never used the caste name in public, the victim’s statement under Section 183 of the Bharatiya Nyaya Sanhita did not support the charge, and he had no prior criminal record. The Special Judge had rejected the bail application, but the Patna High Court, after considering the victim’s statement, the length of custody, and the lack of corroborative evidence, set aside the lower court’s order. The High Court allowed the appeal, directing that Sahani be released on bail with specified conditions. The order underscores the requirement of clear evidence to sustain an offence under the SC/ST Act before denying bail.
Issues considered
- Whether the facts alleged constitute an offence under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act.
- Whether the prosecution has established sufficient evidence, including the victim’s statement under Section 183 of the Bharatiya Nyaya Sanhita, to justify denial of bail.
- Whether the appellant is entitled to bail pending trial despite being in custody since 25-08-2025.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 3(5), 64
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s)
Subjects
- bail
- SC/ST Act
- caste insult
- criminal procedure
- Bharatiya Nyaya Sanhita
- appeal
- scheduled castes
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4541 of 2025
Arising Out of PS. Case No.-411 Year-2025 Thana- TURKAULIYA District- East Champaran
======================================================
Prince Kumar Sahani @ Prince Kumar S/o- Madan Sahani Vill- Koraiyan PS-
Turkauliya Distt- East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Asha Devi W/o- Manoj Paswan R/v- Turkauliya Gandhi Ghat Kanhi Tola
Ps- Turkauliya Dist- East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Kundan Rathore @ Kundan Kumar, Advocate
For the informant : Mr. Suraj Kumar Tiwari, Ac..
Mr. Akshay Tripathi, Advocate
For the State : Mr.Binay Krishna, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 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 12.09.2025 passed by learned Special
Judge SC/ST Act, East Champaran, Motihari, whereby the
prayer for bail of the appellant in connection with Turkauliya
P.S. Case No. 411 of 2025, under Sections 64, 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 3(1)(r), 3(1)(s) of
the SC/ST Act was rejected.
3. Prosecution case, in short, is that Prince Kumar
Sahani (Petitioner) under the amuse of marriage established
Patna High Court CR. APP (SJ) No.4541 of 2025(3) dt.22-01-2026
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physical relation with the daughter of the informant. Later on,
on 23.08.2024 petitioner married with the daughter of the
informant. When informant approached the parents of the
petitioner to keep his daughter as daughter in law, then
petitioner and his parents refused to do so and abused him
taking his 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 victim, in her
statement recorded under Section 183 of BNSS has not
supported the case of the prosecution. The victim is major. The
appellant is in custody since 25.08.2025 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
Patna High Court CR. APP (SJ) No.4541 of 2025(3) dt.22-01-2026
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of the case, statement recorded under Section 183 of BNSS 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 12.09.2025 passed by learned Special Judge
SC/ST Act, East Champaran, Motihari, in connection with
Turkauliya P.S. Case No. 411 of 2025, is hereby set aside.
7. Let the appellant 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 Turkauliya P.S. Case
No. 411 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
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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