Patna High Court
Ganesh Kumar @ Ganesh SawversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 323, 363, 365, 366, 376
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(x)
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
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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
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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
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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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