Patna High Court
MOHAN KUMAR SINGHversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appellate court set aside the order rejecting anticipatory bail and granted bail to the appellant.
Summary
The appeal concerned the rejection of anticipatory bail for Mohan Kumar Singh, brother‑in‑law of a Scheduled Caste informant who alleged caste‑based abuse, dowry harassment and forced eviction after an inter‑caste marriage. The charges were under IPC §§ 323, 498A, Dowry Prohibition Act §4 and SC/ST Act §3(i)(r)(s). The appellant contended that the alleged acts were not committed in public view, that he had a clean antecedent, and that co‑accused had already been granted anticipatory bail. The High Court examined the requirement of public view for offences under the SC/ST Act and held that no case was made out against the appellant. Accordingly, it set aside the Special Judge’s order, allowed the appeal and directed that the appellant be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether anticipatory bail can be granted to the appellant under IPC §§ 323, 498A, Dowry Prohibition Act §4 and SC/ST Act §3(i)(r)(s).
- Whether the alleged conduct falls within the ambit of the SC/ST Act, which requires the offence to be committed in public view.
- Whether the appellant’s clean antecedent and the bail granted to co‑accused affect the bail decision.
Legislation cited
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 323, 498A
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- dowry harassment
- inter‑caste marriage
- caste‑based abuse
- IPC 498A
- IPC 323
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.591 of 2022
Arising Out of PS. Case No.-227 Year-2020 Thana- PATEPUR District- Vaishali
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Mohan Kumar Singh Son Of Santosh Singh @ Santosh Kumar Singh
Resident Of Village- Sondho Patti, Police Station- Sakra, District-
Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Chandani Devi Wife of Vishal Singh Resident of Village-Krishnavada,P.S-
Patepur,District- Vaishali
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mrs. Shama Sinha, Adv. With
Mr. Vijayansh Pratap Singh and Mr. Surya Prakash
For the Respondent/s : Mrs.Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 15-01-2026 Heard learned counsel for the appellant and learned
Special P.P. for of the State.
2. This appeal has been filed against the order dated
passed by learned Special Judge, SC/ST Act, Vaishali at Hajipur
in a case registered under Sections 323, 498 A of the Indian
Penal Code, Section 4 of Dowry Prohibition Act and Section
3(i)(r)(s) of the SC/ST Act, whereby the prayer for anticipatory
bail of appellant has been rejected.
3. As per F.I.R., the informant, who is member of
Schedule Caste, performed inter-caste marriage with co-accused
Vishal Singh @ Raja and out of the wedlock, two children were
Patna High Court CR. APP (SJ) No.591 of 2022(4) dt.15-01-2026
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born, but after the marriage, she was subjected to caste-based
abusive language, torture and harassment by the accused
persons for dowry and lastly, she was ousted from her
matrimonial house.
4. Learned counsel for the appellant submits that
appellant is brother-in-law of the informant. Specific accusation
is against informant’s husband namely Vishal Singh @ Raja,
who has already been granted anticipatory bail by a coordinate
Bench of this Court, vide order dated 22.03.2023 passed in
Cr.Appeal (SJ) No. 3663 of 2022. Father -in-law of informant
has also been granted anticipatory bail, vide order dated
14.11.2024 passed in Cr.Appeal (SJ) No. 446 of 2022. The
alleged occurrence did not take place within public view and as
such, no case under the SC/ST Act is made out against appellant
and he claims clean antecedent.
5. In the facts and circumstances of the case, the
impugned order dated 15.01.2022 is, hereby, set aside and this
criminal appeal is allowed.
6. Let the appellant, as named above, in the event of
arrest or surrender within a period of eight weeks from today, be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
Patna High Court CR. APP (SJ) No.591 of 2022(4) dt.15-01-2026
3/3
satisfaction of learned Special Judge, SC/ST Act, Vaishali at
Hajipur in connection with Patepur P.S. Case No. 227 of 2020.
(Prabhat Kumar Singh, J)
anay
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