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Patna High Court

Chandan kumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order rejecting anticipatory bail is set aside and bail is granted to the appellant.

Summary

Chandan Kumar appealed against the order dated 16.08.2024 that denied him anticipatory bail in a case alleging kidnapping of the informant's daughter and caste‑based harassment under IPC sections 363, 366A, 34 and the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the appellant, along with others, abducted the victim, and that the informant was insulted with caste slurs. The defence argued that the victim’s statement recorded under Section 164 of the CrPC disclosed that she left home of her own volition and denied any kidnapping, and that no public was present to constitute an offence under the SC/ST Act; the appellant also had a clean antecedent. The Special Public Prosecutor and the informant opposed bail. Considering the victim’s statutory statement and the appellant’s clean record, the High Court set aside the lower court’s order and granted anticipatory bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether anticipatory bail should be granted to the appellant in view of the allegations under IPC sections 363, 366A, 34 and SC/ST Act.
  • Whether the victim’s statement under Section 164 CrPC negates the prosecution’s case of kidnapping and caste‑based offence.
  • Whether the appellant’s clean antecedents warrant the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • SC/ST Act
  • victim statement
  • clean antecedents
  • bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CRIMINAL APPEAL (SJ) No.4999 of 2024
                 Arising Out of PS. Case No.-106 Year-2024 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Chandan kumar Son of Mokhtar Sahani Resident of village- Ramgadh
                 Mahuawa, P.S.-Piprakothi, District -East Champaran

                                                                                  ... ... Appellant/s
                                                       Versus

           1.    The State of Bihar
           2.    Rajmangal Baitha Son of Sukhari Baitha Resident of village- Ramgadh
                 Mahuawa, P.S.-Piprakothi, District -East Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant        :        Mr. Abhishek Kumar, Advocate
                                                   Mr. Harsha Shashwar, Advocate
                 For the State            :        Mr. Binay Krishna, Spl.PP
                 For the Informant        :        Mr. Ajay Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   02-04-2026                 Heard learned counsel appearing for the appellant,

                   learned Special Public Prosecutor appearing for the respondent-

                   State      and        learned       counsel        appearing        for      the

                   informant/Respondent No. 2.

                               2. This appeal has been filed for setting aside order

                   dated 16.08.2024 passed in a case registered for the offence

                   punishable under Sections 363, 366A and 34 of the Indian Penal

                   Code and Section 3(i)(r)(s) of the Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, whereby the

                   prayer for anticipatory bail of this appellant has been rejected.

                               3.       As per prosecution case, it is alleged that this
Patna High Court CR. APP (SJ) No.4999 of 2024(3) dt.02-04-2026
                                             2/3




          appellant, along with other F.I.R. named accused persons,

          kidnapped daughter of informant and when the informant went

          to enquire about the same, he was abused by caste based slurs.

                       4. It is submitted by learned counsel appearing on

          behalf of the appellant that appellant is quite innocent and has

          committed no offence. During investigation, the victim was

          recovered and in her statement recorded under Sections 164 of

          the Cr.P.C., she denied the factum of kidnapping and has

          categorically stated that no one kidnapped her and she, out of

          her own sweet will, had gone from her house. It is further

          submitted that it is not the case of the prosecution that any

          member of public was present at the place of occurrence and as

          such, no case under the Scheduled Castes and Scheduled Tribes

          (Prevention of Atrocities) Act is made out against this appellant.

          Appellant claims clean antecedents.

                       5. Learned Spl. P.P. appearing for the respondent-State

          and learned counsel appearing for the informant/Respondent

          No. 2 have vehemently opposed the prayer for grant of bail to

          the appellant.

                       6. Considering the facts and circumstances of the

          case, statement of the victim recorded under Sections 164 of the

          Cr.P.C. and clean antecedents of the appellant, this appeal is
             Patna High Court CR. APP (SJ) No.4999 of 2024(3) dt.02-04-2026
                                                          3/3




                       allowed and the impugned order dated 16.08.2024 passed by the

                       learned Special Judge, SC/ST (POA) Act, East Champaran at

                       Motihari in connection with A.B.P. No. 3501 of 2024 arising out

                       of Piprakothi P.S. Case No. 106 of 2024 is hereby set aside with

                       respect to these appellant only.

                                    7. Accordingly, let the appellant, named above, in the

                       event of arrest/surrender within a period of eight weeks from the

                       date of receipt/production of a copy of this order, be enlarged on

                       bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with

                       two sureties of the like amount each to the satisfaction of

                       learned Special Judge, SC/ST (POA) Act, East Champaran at

                       Motihari in connection with Piprakothi P.S. Case No. 106 of

                       2024.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T


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