Patna High Court
Praduman Kumar SawversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SATYAVRAT VERMA
Holding
The Court refused to grant anticipatory bail to the appellant.
Summary
The appellant, Praduman Kumar Saw, was charged under several IPC provisions, the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act and the Information Technology Act for allegedly sending obscene photographs of the informant to her husband and threatening her. He applied for anticipatory bail, claiming a clean record and that the relationship with the informant was consensual. The informant contended that the appellant’s actions caused her humiliation and constituted criminal intimidation and caste-based insult. The Special Public Prosecutor and the informant’s counsel opposed bail, arguing that the allegations, if proved, amounted to offences under the SC/ST Act and the IT Act. The Court examined the allegations, noted the absence of the husband’s mobile as evidence, and concluded that the seriousness of the charges warranted denial of bail. Consequently, the Court rejected the appellant’s prayer for anticipatory bail.
Issues considered
- Whether the appellant is entitled to anticipatory bail in view of the alleged offences under the IPC, SC/ST (POA) Act and IT Act.
- Whether the alleged conduct of sending obscene photographs and caste-based insults constitutes an offence under the SC/ST (POA) Act.
- Whether the lack of production of the husband’s mobile phone affects the evidentiary basis for granting bail.
Legislation cited
- Indian Penal Code — s. 341, 354B, 354D, 504, 506
- Information Technology Act — s. 67, 67A
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST (POA) Act
- IPC
- sexual harassment
- criminal intimidation
- obscene material
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4832 of 2024
Arising Out of PS. Case No.-95 Year-2024 Thana- MANPUR District- Nalanda
======================================================
Praduman Kumar Saw Son of Late Krishna Saw Resident of village - Manpur,
P.S. - Manpur, District - Nalanda
... ... Appellant/s
Versus
1. The State of Bihar
2. Guriya Devi Wife of Ajay Chaudhary Resident of village - Manpur, P.S. -
Manpur, District - Nalanda
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajnish Kumar
For the Respondent/s : Mr. Sadanand Paswan
Mr. Ranjit Kumar Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 15-01-2026 1. Heard learned counsel for the appellant, the learned
Special Public Prosecutor for the State and the learned counsel
appearing on behalf of the informant.
2. The appellant has challenged the order dated
24.09.2024 passed by the learned Additional Sessions Judge-VI-
cum-Special Judge, SC/ST (POA) Act, Nalanda, Biharsharif in
connection with ABP No.1481 of 2024 arising out of Manpur P.
S. Case No.95 of 2024, instituted for the offences under
Sections 341, 354B, 354D, 504, 506 of the Indian Penal Code,
Sections 3(1)(r)(s), 3(1)(w), 3(2)(va) of the Scheduled Castes &
Scheduled Tribes (Prevention of Atrocities) Act and Sections 67
and 67(A) of the Information Technology Act, whereby his
Patna High Court CR. APP (SJ) No.4832 of 2024(5) dt.15-01-2026
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prayer for grant of anticipatory bail has been rejected.
3. The learned counsel appearing on behalf of the
appellant submits that appellant is a person with clean
antecedent and the informant alleges that she was married to
Ajay Chaudhary in the Year 2009 and in the Year 2022, she
came in contact with the appellant. It is next submitted that the
relationship developed and the informant and the appellant
established physical relation even and the appellant taking the
informant in confidence even took some offer inappropriate
photograph. It is further alleged that about two months
thereafter her husband came to know about her relationship with
the appellant, as such, she requested the appellant not to meet
her, but he started threatening and even threatened that if she
will not meet, he will send her inappropriate photograph to her
husband and in the Year 2024, he sent her inappropriate
photographs on the mobile of her husband. Accordingly, her
husband asked him as to why he made his wife’s photo viral on
which the appellant abused him by taking caste name.
4. The learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that the
Patna High Court CR. APP (SJ) No.4832 of 2024(5) dt.15-01-2026
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relationship in between informant and the appellant was
consensual and they even established physical relationship. It is
next submitted that though the appellant sent inappropriate
photograph of the informant on the mobile of her husband, but
then, the mobile of her husband was never produced before the
police. It is next submitted that had the mobile been produced
before the police, in that event, it could have been confirmed
whether appellant sent her inappropriate photograph to her
husband or not. It is next submitted that as far as allegation of
abusing the husband of the informant on mobile is alleged, the
said allegation is exaggerated and even does not constitute an
offence under the SC/ST (POA) Act as the abuse was not made
in public view.
5. The learned Special P. P. as well as the learned
counsel appearing on behalf of the informant opposes the
anticipatory bail application. The the learned counsel appearing
on behalf of the informant submits that though in the nature of
allegation as alleged in the FIR, a case under SC/ST Act may
not be made out, but then, it is submitted that informant
specifically alleges that she was in relationship with the
appellant and when her husband came to know about the
relationship she requested the appellant to end the relationship,
Patna High Court CR. APP (SJ) No.4832 of 2024(5) dt.15-01-2026
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but then, the appellant instead of ending the relationship made
her life miserable by sending her photograph to her husband. It
is further submitted that the appellant by his conduct ruined the
life of the informant. It is also submitted that charge-sheet has
been submitted.
6. After hearing the learned counsel for the informant
as well as learned Special P. P., the Court is not inclined to
extend the privilege of anticipatory bail to the appellant.
7. The prayer of the appellant for anticipatory bail
stands rejected.
(Satyavrat Verma, J)
vikash/-
U T
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