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Patna High Court

Praduman Kumar SawversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                             3/4




          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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