Patna High Court
Pawan Kumar @ Pawan Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 137(2), 3(5), 482(2), 96
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(a)(va), 3(r)
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
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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
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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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