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Patna High Court

Pawan Kumar @ Pawan Kumar SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and anticipatory bail is granted subject to conditions under Section 482(2) of the CrPC.

Summary

The appellant, Pawan Kumar, was charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and certain provisions of the Criminal Procedure Code in connection with an alleged kidnapping of a minor girl. He contended that he has a clean record, the allegations were false, and the victim’s statement recorded under Section 183 did not support the prosecution’s case. The trial court had refused anticipatory bail. On appeal, the High Court considered the appellant’s claim of false implication and the lack of corroborative victim testimony. The Court held that the appellant could be released on anticipatory bail upon surrender within six weeks, subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 482(2) of the CrPC. Consequently, the order refusing bail was set aside and the appeal was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the appellant under the SC/ST (Prevention of Atrocities) Act in view of the alleged false implication and the victim’s non‑supportive statement.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • victim statement
  • bail conditions
  • Criminal Procedure Code

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4737 of 2024
                  Arising Out of PS. Case No.-67 Year-2024 Thana- Raghunathpur District- East Champaran
                 ======================================================
                 Pawan Kumar @ Pawan Kumar Sahani Son of Bharat Sahani R/O Vill.-
                 Raghunathpur Baluwa, P.S.- Raghunathpur, Dist.- East Champaran.

                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Rambalak Paswan Son of Late Babulal Paswan R/O Vill.- Raghunathpur
                 Baluwa, P.S.- Raghunathpur, Dist.- East Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Prateek Tandon, Adv.
                 For the Respondent/s     :        Ms. Usha Kumari 1, Special P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-03-2026                  1. Heard learned counsel for the appellant and the

                   learned Special P.P. Ms. Usha Kumari No.1 for the State. No

                   one appears on behalf of the respondent no.2.

                                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 12.09.2024 in A.B.P. No. 3311/2024 passed by the

                   learned 6th Additional Sessions Judge-cum-Special Judge

                   POCSO Act, East Champaran at Motihari, in connection with

                   Raghunathpur P.S. Case No. 67/2024 registered under Sections

                   137(2), 96, 3(5) of the BNS as well as Sections 3(a)(va), 3(r) (s)
Patna High Court CR. APP (SJ) No.4737 of 2024(2) dt.25-03-2026
                                             2/3




          of the SC/ST (POA) Act.

                       3. Learned counsel for the appellant submits that

          appellant is a person with clean antecedent and the informant

          alleges that on 02.07.2024 his minor daughter had gone to

          attend nature’s call at 11.40 P.M., when appellant along with an

          unknown accused kidnapped his daughter, as informed by his

          nephew, thus informant went to the house of the appellant, when

          Bharat abused him by taking caste name and threatened that he

          will be shot.

                       4. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is next submitted that the victim came back and her

          statement was recorded under Section 183 BNSS, wherein she

          has not supported the case of the prosecution nor has even

          remotely suggested that she was kidnapped/abducted.

                       5. Learned Special Public Prosecutor opposes the

          appeal.

                       6. Considering the submission made by the learned

          counsel appearing on behalf of the appellant, the appellant,

          above named, in the event of his arrest or surrender within a

          period of six weeks from the date of receipt of the order, be

          released on anticipatory bail on furnishing bail bond of
             Patna High Court CR. APP (SJ) No.4737 of 2024(2) dt.25-03-2026
                                                          3/3




                       Rs.5,000/- (rupees five thousand) with two sureties of the like

                       amount each to the satisfaction of the learned court below where

                       the case is pending in connection with the aforesaid case,

                       subject to the conditions as laid down under Section 482(2) of

                       the BNSS.

                                    7. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T


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