Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the order refusing anticipatory bail and granted anticipatory bail to the appellant.
Summary
The appellant, a 19‑year‑old named Anil Kumar, was accused of kidnapping a minor girl and allegedly stealing cash and ornaments, with the informant alleging the act was to force a marriage. The victim later gave a statement under Section 164 CrPC that she had gone voluntarily to the appellant’s house out of love, contradicting the prosecution’s case. The trial court had refused anticipatory bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant appealed under Section 14‑A(2) of the same Act, arguing his clean antecedents, false implication, and the victim’s statement. The Patna High Court set aside the trial court’s order, granted anticipatory bail subject to conditions under Section 482(2) of the Code of Criminal Procedure, and allowed the appeal.
Issues considered
- Whether the trial court erred in refusing anticipatory bail in a case involving offences under the SC/ST Act and IPC.
- Whether the appellant is entitled to anticipatory bail under Section 14‑A(2) of the SC/ST Act.
- Whether the victim’s voluntary statement under Section 164 CrPC negates the prosecution’s case.
- Whether the conditions prescribed under Section 482(2) of the CrPC are applicable.
Legislation cited
- Code of Criminal Procedure — s. 164, 482(2)
- Indian Penal Code — s. 34, 363, 366(A)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- kidnapping
- false implication
- Section 14-A
- Section 482
- Criminal Procedure
- IPC
- minor
- marriage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4588 of 2024
Arising Out of PS. Case No.-1251 Year-2023 Thana- SHERGHATI District- Gaya
======================================================
Anil Kumar Son of Mahesh Yadav Resident of Village - Shivganj, P.S. -
Dobhi, District - Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Rajendra Paswan Son of Late Rameshwar Paswan Resident of Village -
Shivganj, P.S. - Dobhi, District - Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Anand Kishore Sinha, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 12-03-2026 1. Heard learned counsel for the appellant and
learned Spl. P.P. for the State, Mr. Sadanand Paswan.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 27.08.2024 in A.B.P. No. 271 of 2024 passed by the
learned Exclusive Special Judge S.C./S.T. (POA) Act, Gaya in
connection with Sherghati (Dobhi) P.S. Case No. 1251 of 2023
registered for the offences punishable under Sections 363,
366(A) and 34 of the Indian Penal Code as well as Sections 3(2)
(va) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.4588 of 2024(5) dt.12-03-2026
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3. Learned counsel for the appellant submits that
the appeal was taken up on 06.03.2025 when notices were
issued on respondent no. 2. It is next submitted that from
perusal of the office report dated 23.07.2025, it would manifest
that the notice has been validly received by respondent no. 2. It
is next submitted that respondent no. 2 despite receiving notice
chooses not to appear and contest.
4. The learned counsel appearing on behalf of the
appellant submits that appellant is a person with clean
antecedent and is a young boy aged about 19 years and the
informant alleges that when he woke up in the morning of
26.12.2023, he found his minor daughter missing along with
cash of Rs. 25,000/- and ornaments worth Rs. 60,000/-,
accordingly, he went to the house of the appellant when family
members of the appellant informed that appellant has kidnapped
the victim for marriage.
5. Learned counsel for the appellant submits that
the appellant has been falsely implicated in the instant case by
the informant. It is next submitted that victim and the appellant
were in love. It is also submitted that the victim came back and
her statement was recorded under Section 164 Cr.P.C. wherein
she has not supported the case of the prosecution rather has
Patna High Court CR. APP (SJ) No.4588 of 2024(5) dt.12-03-2026
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stated that she went to the house of the appellant on her own as
she was in love with the appellant and wanted to marry him, it is
also submitted that a specific pleading to that effect has been
made at Para-15 of the appeal. It is next submitted that this
perhaps explains why the informant despite receiving notice
chooses not to appear and contest. It is also submitted that
appellant is a young boy and if he is sent to judicial custody, in
the nature of allegation as alleged, his entire career would get
jeopardized and chances are bright that he may come in contact
with hardened criminals.
6. Learned Spl. P.P. for the State opposes the prayer
for anticipatory bail of the appellant.
7. In view of the submissions made by the learned
counsel for the appellant, the order dated 27.08.2024 in A.B.P.
No. 271 of 2024 passed by the learned Exclusive Special Judge
S.C./S.T. (POA) Act, Gaya in connection with Sherghati
(Dobhi) P.S. Case No. 1251 of 2023, is hereby set aside and
the appellant above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
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is pending/successor court in connection with Sherghati (Dobhi)
P.S. Case No. 1251 of 2023 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
8. Accordingly the appeal stands allowed.
9. All the pending application(s), if any, shall stand
disposed of.
(Satyavrat Verma, J)
Rishabh/-
U T
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