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Patna High Court

Md. RahmanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order denying anticipatory bail is set aside and the appellant is granted bail.

Summary

The appellant, Md. Rahman, was denied anticipatory bail in a case alleging kidnapping of a minor and offences under Sections 96 and 137(2) of the B.N.S. and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He contended that the specific kidnapping allegation pertained only to co‑accused Md. Mujahir and that there was no caste‑based abuse, making the SC/ST Act charge inapplicable to him. The prosecution opposed his bail, while the appellant highlighted that a similarly situated co‑accused, Md. Hakeem Miya, had been granted anticipatory bail in a related proceeding. The High Court, considering the general nature of the accusations and the principle of parity, set aside the lower court’s order denying bail, but only with respect to the appellant. Consequently, the court ordered that the appellant be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Additional District and Sessions Judge.

Issues considered

  • Whether the appellant is liable to anticipatory bail under the charges of kidnapping and offences under the B.N.S. and the SC/ST (Prevention of Atrocities) Act.
  • Whether the allegations under Section 3(1)(r)(s) of the SC/ST Act are applicable to the appellant.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • minor
  • SC/ST Act
  • caste based offence
  • bail
  • criminal appeal
  • parity

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4568 of 2025
                   Arising Out of PS. Case No.-162 Year-2025 Thana- MURLIGANJ District- Madhepura
                 ======================================================
                 Md. Rahman S/O Late Habib Miya R/O Village- Bhat Khora Musharnia Rahi,
                 Ward No. 5, P.S- Murliganj, Distt.- Madhepura.

                                                                                 ... ... Appellant/s
                                                      Versus

           1.    The State of Bihar
           2.    Punam Devi W/O Late Lalan Rishidev R/O Village- Bhat Khora, Tola
                 Musharniya Rahi, P.S- Murliganj, Distt.- Madhepura.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant      :        Mr. Durgesh Kumar, Advocate
                 For the State          :        Mr. Binay Krishna, Spl.PP
                 For the Informant      :        Mr. Barun Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   30-04-2026                 Heard learned counsel appearing for the appellant,

                   learned Special Public Prosecutor appearing for the respondent-

                   State      and      learned        counsel       appearing         for      the

                   informant/Respondent No. 2.

                               2. This appeal has been filed for setting aside order

                   dated 17.10.2025 passed in a case registered for the offence

                   punishable under Sections 96 and 137(2) of the B.N.S. and

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

                   (Prevention of Atrocities) Act, whereby the prayer for grant of

                   anticipatory bail of this appellant has been rejected.

                               3. As per prosecution case, co-accused Md. Mujahir,

                   along with other accused persons, including this appellant,
Patna High Court CR. APP (SJ) No.4568 of 2025(3) dt.30-04-2026
                                             2/3




          kidnapped the minor daughter of informant aged about 14 years

          for the purpose of illicit intercourse/marriage.

                       4. It is submitted by learned counsel appearing on

          behalf of the appellant that appellant is quite innocent and has

          committed no offence. From bare perusal of the F.I.R. it is

          apparent that specific accusation of kidnapping minor daughter

          of informant is against co-accused Md. Mujahir. So far as this

          appellant is concerned, he has falsely been implicated in this

          case merely because he happens to be friend of co-accused Md.

          Mujahir. It is further submitted that there is absolutely no

          allegation of abuse by caste name and as such, no case under the

          Scheduled Castes and Scheduled Tribes (Prevention of

          Atrocities) Act is made out against this appellant. It is lastly

          submitted that co-accused Md. Hakeem Miya, having similar

          and identical allegations, has already been granted the privilege

          of anticipatory bail by this Hon’ble Court vide order dated

          23.02.2026 passed in Cr. Appeal (SJ) No. 3814 of 2025.

                       5. Learned Spl. P.P. appearing for the respondent-State

          and learned counsel appearing for the informant/Respondent

          No. 2 have vehemently opposed the prayer for grant of bail to

          the appellant.

                       6. Considering the facts and circumstances of the
             Patna High Court CR. APP (SJ) No.4568 of 2025(3) dt.30-04-2026
                                                          3/3




                       case, general and omnibus nature of accusation and claim based

                       on parity, this appeal is allowed and the impugned order dated

                       17.10.2025 passed by the learned Additional District and

                       Sessions Judge 1st-cum-Special Judge, Madhepura in connection

                       with A.B.P. No. 1273 of 2025 arising out of Murliganj P.S. Case

                       No. 162 of 2025 is hereby set aside with respect to this appellant

                       only.

                                    7. Accordingly, let the appellant, named above, in the

                       event of arrest/surrender within a period of eight weeks from the

                       date of receipt/production of a copy of this order, be enlarged on

                       bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with

                       two sureties of the like amount each to the satisfaction of

                       learned Additional District and Sessions Judge 1 st-cum-Special

                       Judge, Madhepura in connection with Murliganj P.S. Case No.

                       162 of 2025.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T


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