Patna High Court
Ramesh SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s)
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
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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
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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
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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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