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Patna High Court

Prince Kumar Sahani @ Prince KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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
                                                        3/3




                     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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