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Patna High Court

Ashutosh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order refusing anticipatory bail is set aside and the appellant is released on anticipatory bail subject to conditions.

Summary

The appellant, Ashutosh Kumar, brother of Amrit, appealed under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act against the refusal of anticipatory bail in a complaint alleging assault, criminal intimidation and other offences under the IPC and the SC/ST Act. The complainant, Amrapali Sinha, claimed that she was assaulted at her matrimonial home by the appellant and others, alleging that the incident was motivated by caste animus and a property dispute. The appellant contended that the complaint was false, filed to coerce him in a family property dispute, and that the alleged acts occurred in a private residence, not in public view, thus not attracting the SC/ST Act. The Special Public Prosecutor opposed bail, while the appellant’s counsel sought bail and an investigation into the alleged false case. The High Court held that a prima facie case was not established for denial of bail, set aside the lower court’s order, and granted anticipatory bail subject to conditions under Section 438 CrPC, thereby allowing the appeal.

Issues considered

  • Whether anticipatory bail should be granted in a case instituted under the SC/ST (Prevention of Atrocities) Act.
  • Whether the allegations, occurring in a private residence, constitute a prima facie offence under the SC/ST Act.
  • Whether the complaint is a false or malicious proceeding intended to misuse the SC/ST Act.
  • Whether the trial court erred in refusing bail without directing further investigation into the alleged false case.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false complaint
  • misuse of law
  • family dispute
  • property dispute
  • Section 438 CrPC
  • Section 14-A
  • caste based violence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.514 of 2026
                 Arising Out of PS. Case No.-25 Year-2023 Thana- SAHARSA COMPLAINT CASE District-
                                                         Saharsa
                 ======================================================
                 Ashutosh Kumar S/o Late Sudhir Sinha @ Late Sudhir Kumar Sinha R/o
                 Mohalla - Kayasth Tola Ward No. 29, Saharsa, P.S.- Saharsa, Distt.- Saharsa
                                                                            ... ... Appellant/s
                                                  Versus
           1.     The State of Bihar
           2.     Amrapali Sinha W/o Amrit Sinha, D/o Prabhakar Taide R/o Mohalla -
                  Kayasth Tola, P.S.- Saharsa, Distt.- Saharsa
                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Amresh Kumar Sinha, Advocate
                                                Mr. Raghaw Kumar, Advocate
                                                Mr. Dewanand Tiwari, Advocate
                                                Mr. Amarnath Jha, Advocate
                 For the Respondent/s   :       Mr. Sadanand Paswan, Special P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   22-06-2026                  Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and learned counsel

                   appearing on behalf of the informant.

                                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 16.01.2026 in A.B.P. No. 11 of 2026 passed by the

                   learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST

                   (POA) Act, Saharsa in connection with Complaint Case No.

                   25C of 2023 registered under Sections 323, 307, 354, 354(B),

                   379, 504 and 506 of the Indian Penal Code as well as Sections
Patna High Court CR. APP (SJ) No.514 of 2026(3) dt.22-06-2026
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          3(i)(r)(s)(w)(i) of the SC/ST Act.

                       3. Learned counsel appearing on behalf of the

          appellant, at the outset, submits that the case gives an

          impression that how the SC/ST Act is misused for ulterior

          reasons and even at times to settle the family dispute by force. It

          is further submitted that the complainant alleges that she

          belongs to Mahar caste and was married to Amrit in the year

          2019 but the family members of Amrit were annoyed with the

          marriage. It is next alleged that she stays with her husband at

          Mumbai and whenever she comes to her matrimonial home at

          Saharsa, the accused persons including the appellant use to

          torture her and on 23.03.2023 she reached her matrimonial

          home from Mumbai. It is further alleged that her husband had

          come earlier as such the family members of her husband were

          aware about the arrival of the informant. It is further alleged that

          when she reached her matrimonial home from Mumbai on

          23.03.2023, the accused persons including the appellant

          assaulted her and appellant dashed her on a Sofa and acted

          inappropriately with her and when her husband came to save

          her, the accused persons including the appellant assaulted him

          causing injury on leg. Further, the appellant broke her chain and

          Mangalsutra and asked her to leave the house as she belongs to
Patna High Court CR. APP (SJ) No.514 of 2026(3) dt.22-06-2026
                                             3/6




          Mahar caste.

                       4. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is further submitted that appellant is own brother

          of Amrit. It is next submitted that the instant complaint case has

          been instituted in the year 2023 i.e. four years after the marriage

          of the complainant with Amrit. It is also submitted that from

          perusal of the allegation as alleged in the FIR, it would manifest

          that prima facie no offence under the SC/ST Act is made out as

          the alleged occurrence did not take place in public view, rather

          the complainant herself alleges that the entire occurrence took

          place at her matrimonial home. It is further submitted that

          husband of the complainant is having dispute with his brother

          and other family members with regard to the property. It is next

          submitted that this is the first case instituted by the complainant

          and after instituting the instant case four more cases were

          instituted against the appellant and other family members. It is

          also submitted that after the instant complaint case came to be

          instituted thereafter the brother of the appellant started selling

          his property and even executed sale deed which amply

          demonstrates that a false criminal case under the SC/ST Act was

          instituted only with an intent to coerce the appellant and his
Patna High Court CR. APP (SJ) No.514 of 2026(3) dt.22-06-2026
                                             4/6




          family members into submission so that they do not object to

          selling of the land by the husband of the complainant. It is

          further submitted that even the allegation as alleged in the

          complaint does not inspire confidence for the reason that it

          absolutely does not stand to reason that if the family members

          of Amrit were so hostile to the informant then why Amrit

          allowed her to come to Saharsa when he had arrived earlier to

          her. It is, thus, submitted that had the situation in the family

          been tensed in that event Amrit would never have allowed the

          complainant to come from Mumbai to Saharsa. It is next

          submitted that the present false case came to be instituted in the

          backdrop of dispute relating to property in between Amrit,

          appellant and other family members. It is also submitted that

          deliberately a complaint case has been instituted in order to

          falsely implicate the appellant and others. It is further submitted

          that had an FIR been instituted, the same would have been

          investigated and the truth would have come to the fore but in a

          complaint case only two witnesses are required based on whose

          evidence and the evidence of the complainant cognizance is

          taken in a mechanical manner. It is next submitted that even the

          learned Magistrate acted mechanically.

                       5. Learned counsel appearing on behalf of the
Patna High Court CR. APP (SJ) No.514 of 2026(3) dt.22-06-2026
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          appellant submits that a suitable direction be given to the

          Superintendent of Police of the concerned district to get the

          matter investigated and if it is found that a false case has been

          instituted in that event to institute a separate FIR against the

          complainant.

                       6. Learned Special Public Prosecutor for the State and

          learned counsel appearing on behalf of the complainant opposed

          the prayer for anticipatory bail of the appellant.

                       7. Mr. Sadanand Paswan, learned Special Public

          Prosecutor for the State submits that since a complaint case has

          been insituted and cognizance has been taken, as such, no

          further direction is required. It is further submitted that if a false

          case has been instituted the truth will surface in the trial.

                       8. On query of the Court from the learned counsel

          appearing on behalf of the complainant that as to whether after

          institution of the instant case, the husband of the complainant

          executed sale deed with respect to land or not on which it is

          fairly submitted that sale deed has been executed.

                       9. It is submitted by the learned counsel appearing on

          behalf of the complainant that since cognizance has been taken,

          as such, a prima facie case is made out on which learned

          counsel appearing on behalf of the appellant submits that no
           Patna High Court CR. APP (SJ) No.514 of 2026(3) dt.22-06-2026
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                     doubt after taking of cognizance a prima facie case is said to be

                     made out but then allegation as alleged in the complaint and the

                     backdrop in which the complaint case came to be instituted

                     cannot be ignored.

                                  10. After hearing the learned counsel for the parties,

                     let 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

                     bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties

                     of the like amount each to the satisfaction of the learned Trial

                     Court where the case is pending in connection with the aforesaid

                     case, subject to the conditions as laid down under Section

                     438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  11. Accordingly, the impugned order is set aside and

                     this appeal stands allowed.


                                                                           (Satyavrat Verma, J)

Kundan/-

U     T


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