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Patna High Court

Ramesh SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the SC/ST Act provisions were not attracted and that there was no specific case against the appellants, thereby granting them bail.

Summary

The appellants, Ramesh Sah and Asha Devi, appealed against their detention in a case involving alleged kidnapping of a woman and caste‑based abuse, charged under Sections 137(2) and 87 of the Bihar Nagarik Suraksha Sanhita and Sections 3(1)(s) and 3(1)(r) of the SC/ST (Prevention of Atrocities) Act. The FIR named two co‑accused but did not directly name the appellants; the allegation against them stemmed from a private conversation in the accused’s house. The victim later testified that she had voluntarily gone with the appellants’ son for marriage and made no accusation against the appellants. The Court found no specific allegation against the appellants, noted the absence of any kidnapping charge against them, and held that the SC/ST provisions were not attracted. Consequently, the lower court’s order was set aside and bail was granted on a bond of ₹30,000 each, subject to conditions under the Bharatiya Nagrik Suraksha Sanhita. The appeal was allowed.

Issues considered

  • Whether the provisions of Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act apply to the appellants when the alleged abusive words were uttered inside a private house.
  • Whether the appellants can be detained in the absence of any specific allegation of kidnapping or other offence against them.
  • Whether bail should be granted to the appellants under the Bharatiya Nagrik Suraksha Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • caste based harassment
  • kidnapping allegation
  • false implication
  • criminal appeal
  • Bihar Nagarik Suraksha Sanhita
  • Bharatiya Nagrik Suraksha Sanhita

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4549 of 2025
                      Arising Out of PS. Case No.-252 Year-2025 Thana- SHEOHAR District- Sheohar
                 ======================================================
           1.     Ramesh Sah S/O Ramdev Sah R/O village - Baidhnathpur, P.S.- Tariyani,
                  District- Sheohar
           2.    Asha Devi W/O Ramesh Sah R/O village - Baidhnathpur, P.S.- Tariyani,
                 District- Sheohar
                                                                   ... ... Appellant/s
                                            Versus
           1.    The State of Bihar
           2.    Sammat Ram S/O Late Rampratap Ram R/O village - Nagar Parishad, ward
                 no. 14, P.S.- Sheohar, District- Sheohar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Devendra Kumar, Advocate
                 For the Respondent/s    :        Mr.Sadanand Paswan, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   16-04-2026                 Heard learned counsel appearing for the appellants

                   and the learned Special Public Prosecutor for the State.

                               2. The present appeal has been filed by the appellants

                   seeking grant of bail and setting aside the order dated

                   13.10.2025 passed by the learned District and Additional

                   Sessions Judge, 1st-cum-Special Judge, SC/ST, Sheohar in

                   A.B.P. No. 385 of 2025, arising out of Sheohar P.S. Case No.

                   252 of 2025, registered for the offences punishable under

                   Sections 137(2) and 87 of the BNS and Sections 3(1)(s) and

                   3(1)(r) of the Scheduled Castes and Scheduled Tribes

                   (Prevention of Atrocities) Act, 1989.
Patna High Court CR. APP (SJ) No.4549 of 2025(4) dt.16-04-2026
                                             2/4




                       3. As per the prosecution case, the FIR has been

          instituted against two named and one unknown accused persons.

          It transpires from the FIR that the informant’s daughter, aged

          about 20 years, had gone to a general shop to purchase some

          goods, but when she did not return, the informant attempted to

          contact her on her mobile phone, which was found switched off.

          During search, the informant received information that his

          daughter had been kidnapped by co-accused Chandan Kumar

          and Golu Kumar with the assistance of other unknown persons.

          It is further alleged that on the same day, when the informant

          went to the house of the accused persons, the parents of the

          accused abused him by taking the name of his caste and also

          extended threats, whereafter the present FIR was lodged.

                       4. Learned counsel for the appellants submits that the

          appellants are innocent and have been falsely implicated. It is

          contended that the appellants are not named in the FIR and the

          allegation against them arises only from an alleged conversation

          between the informant and the parents of the co-accused, which

          took place inside the house and not in public view. It is further

          submitted that, therefore, the provisions of Sections 3(1)(r) and

          3(1)(s) of the SC/ST Act are not attracted. Learned counsel

          further submits that no allegation of kidnapping or taking away
Patna High Court CR. APP (SJ) No.4549 of 2025(4) dt.16-04-2026
                                             3/4




          of any person is attributed to the present appellants; rather, such

          allegation is only against their son. The appellants are stated to

          have clean antecedents and undertake to abide by all terms and

          conditions as may be imposed by this Court.

                       5. Learned Special Public Prosecutor opposes the

          prayer for bail and submits that there are allegations of

          kidnapping against the son of the appellants. It is submitted that

          the victim has since been recovered and, for that reason, this

          Court had called for the case diary along with the statement of

          the victim. It is further fairly submitted that the alleged abusive

          words appear to have been used within the house and not in

          public view, as per the FIR. However, it is contended that a

          decision may be taken only after perusal of the case diary and

          the statement of the victim.

                       6. Upon perusal of the case diary and the statement of

          the victim, it transpires that the victim has not levelled any

          allegation against either the appellants or their son. On the

          contrary, she has stated that she had gone with the son of the

          appellants of her own free will with a view to solemnize

          marriage with him. The victim has further stated that she resided

          with him at Delhi and still wishes to reside with him. She has

          also stated that the appellants, being her prospective in-laws,
            Patna High Court CR. APP (SJ) No.4549 of 2025(4) dt.16-04-2026
                                                         4/4




                      have treated her well.

                                   7. Considering the aforesaid facts and circumstances,

                      particularly the absence of specific allegations against the

                      appellants, the nature of the occurrence, and the statement of the

                      victim, this Court sets aside the order dated 13.10.2025 passed

                      by the learned District and Additional Sessions Judge, 1st-cum-

                      Special Judge, SC/ST, Sheohar in A.B.P. No. 385 of 2025,

                      arising out of Sheohar P.S. Case No. 252 of 2025. The

                      appellants are directed to be released on bail, in the event of

                      their arrest or surrender before the Trial Court within a period of

                      four weeks from today, on furnishing bail bond of ₹30,000/-

                      (Rupees Thirty Thousand only) each, as mentioned in Section

                      2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the

                      satisfaction of the learned District and Additional Sessions

                      Judge, 1st -cum-Special Judge SC/ST, Sheohar in connection

                      with the aforementioned case, subject to the conditions as laid

                      down under Section 482(2) of the Bharatiya Nagrik Suraksha

                      Sanhita, 2023.

                                   9. Accordingly, the appeal stands allowed.


                                                  (Dr. Anshuman, J)
Ashwini/-
U     T


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