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Patna High Court

Ganesh Kumar @ Ganesh SawversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

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

Summary

Ganesh Kumar (alias Ganesh Saw) appealed against the order of the Exclusive Special Judge, SC/ST (PoA), Nawada, which had denied him anticipatory bail in a case registered under IPC sections 323, 363, 365, 366 and 376 and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution alleged that the appellant lured a married woman, Radha Devi, into a false promise of marriage, had sexual relations with her, and when she demanded marriage he and co‑accused beat her, attempted to burn her with kerosene and stole a gold chain worth Rs. 1,00,000. The appellant contended he had a clean antecedent, the victim was a consenting adult, and the allegations did not fall within the SC/ST Act, thus warranting anticipatory bail. The court examined whether the facts attracted the SC/ST Act and considered the appellant's clean record and the victim's consent. Concluding that the allegations were not covered by the SC/ST Act and that bail was appropriate, the court set aside the order rejecting anticipatory bail and granted bail subject to conditions.

Issues considered

  • Whether the alleged offences fall within the ambit of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  • Whether anticipatory bail should be granted to the appellant under Section 438 of the Criminal Procedure Code in view of the seriousness of the charges.
  • Whether the appellant's clean antecedent and the victim's status as a consenting adult justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • assault
  • attempted murder
  • theft
  • consent
  • love trap
  • Criminal Procedure Code

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.752 of 2025
                         Arising Out of PS. Case No.-64 Year-2024 Thana- SC/ST District- Nawada
                 ======================================================
                 Ganesh Kumar @ Ganesh Saw Son of Rajendra Saw Resident of Village-
                 Rupaw, P.S.- Rupo, District- Nawada

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Radha Devi Wife of Shankar Paswan Resident of Village- Balua, P.S.-
                 Kauwakol, Distt.- Nawada

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Man Mohan Kumar, Advocate
                 For the Informant       :        Mr. Shankar Kumar, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   25-02-2026                 Heard learned counsel for the appellant, learned

                   counsel for the Respondent No. 2 and learned Special Public

                   Prosecutor appearing for the State.

                                   2. This appeal under Section 14A(2) of the

                   Scheduled Caste and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 has been directed against the order dated

                   30.11.2024 passed by learned Exclusive Special Judge, SC/ST

                   (PoA), Act Nawada, in A.B.P. No. 3008 of 2024 in connection

                   with SC/ST P.S. Case No. 64 of 2024, registered under Sections

                   323, 363, 365, 366 and 376 of the I.P.C. read with Sections 3(1)

                   (x) of Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989, whereby the prayer for grant of
Patna High Court CR. APP (SJ) No.752 of 2025(4) dt.25-02-2026
                                             2/4




          anticipatory bail of the appellant has been rejected.

                          3. As per the prosecution case, the informant,

          Radha Devi, who is a married lady alleged that the appellant

          Ganesh Saw took advantage of her vulnerability and trapped her

          in a "love trap" by making false promises of marriage and

          repeatedly establishing physical relations with her under the

          continued pretext that they would eventually marry. On

          19.05.2024 when the informant asked the appellant for marriage

          then the appellant refused to marry with her. Consequently,

          informant Radha Devi went to the house of the appellant to

          inform them of the situation then the appellant and the co-

          accused persons started beating her due to which she sustained

          severe injury and all the accused persons tried to burn her by

          sprinkling kerosene oil and also snatched gold chain worth of

          Rs. 1,00,000/- from her neck. On hulla, nearby people intervene

          and saved her life.

                          4. Learned counsel appearing for the appellant

          submits that the appellant bears clean antecedent and is

          innocent. It is further submits that victim-informant is a major

          lady who is married from before claims to be 25 years old and

          she appears to be a consenting party. He further submits that no

          case, as alleged in the F.I.R, attracting rigours of SC & ST Act,
Patna High Court CR. APP (SJ) No.752 of 2025(4) dt.25-02-2026
                                             3/4




          is made out against the appellant. Hence, the impugned order

          may be set aside and the appellant may be granted the privilege

          of anticipatory bail.

                          5. Learned Special Public Prosecutor for the State

          and learned counsel for the Respondent no. 2 have vehemently

          opposed the prayer for grant of anticipatory bail to the appellant

          and submitted that the allegation is serious in nature and the

          appellant is alleged to have established physical relationship

          with the victim-informant on false pretext of marriage which

          created hurdle in her married life.

                          6. Considering the entire facts and circumstances of

          the case and the fact that the appellant bears clean antecedent

          coupled with the fact that the victim is a major lady who was

          already married and she appears to be a consenting party and

          allegation does not come under the purview of SC/ST Act, let

          the above named appellant in the event of his arrest/surrender

          within a period of six weeks be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Judge, SC/ST (PoA), Act Nawada, in connection with

          SC/ST P.S. Case No. 64 of 2024, subject to the conditions laid

          down under Section 482(2) of the B.N.S.S/Section 438(2) of the
              Patna High Court CR. APP (SJ) No.752 of 2025(4) dt.25-02-2026
                                                           4/4




                        Cr.P.C.

                                     7. Accordingly, this appeal is allowed and the

                        impugned order dated 30.11.2024 rejecting the prayer for grant

                        of anticipatory bail to the appellant is, hereby, set aside.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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