Patna High Court
Ashutosh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 307, 323, 354, 354B, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(i)(r)(s)(w)(i)
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
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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
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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
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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
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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/-
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