Arbaz Hussain @ Md. Arwaz @ Md. Arwaz Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3823 of 2025 Arising Out of PS. Case No.-541 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Arbaz Hussain @ Md. Arwaz @ Md. Arwaz hussain S/o Md. Amzad Resident of Village- Shekhpura, PS- Ghosi, Distt.- Jehanabad ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ranju Devi W/o Bablu Mochi R/o vill - Shekhpura, P.s.- Ghosi, Distt. - Jehanabad ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Md Ataul Haque, Advocate For the informant :

Mr. Umesh Kumar, Advocate Mr. Abhishek Anand, Advocate Mr.Shubhankar Raj, Advocate For the Respondent/s :

Mr.Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-01-2026 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant/Respondent No. 2 and perused the case diary.

2. The instant appeal has been filed by the appellant against the order dated 24.01.2025 passed by A.S.J-1-cumSpecial Judge SC/ST Act, Jehanabad, whereby the prayer for bail of the appellant in connection with Ghoshi P.S. Case No. 541 of 2024, under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 and Section 3(1)(r)(s) of the SC/ST Act was rejected.

3. Prosecution case, in short, is that on 27.09.2024 at about 10.00 A.M. daughter of the informant went to appear in

Patna High Court CR. APP (SJ) No.3823 of 2025(5) dt.22-01-2026 2/3 Inter Examination but she did not return home in the evening. Informant made intense search of her daughter, but she did not find any trace. Further she come to know that one Md. Arwaz (Appellant) called her daughter and he used to give threatening that he will marry with her daughter. Thereafter, informant went to the house of appellant and asked about her daughter then family members of the appellant started abusing her by taking her caste name.

4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant and the informant are neighbours. The victim has solemnized marriage with another person. The appellant is in custody since 08.12.2024 and has no criminal antecedent.

5. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant. In the medical report the pregnancy test was found

Patna High Court CR. APP (SJ) No.3823 of 2025(5) dt.22-01-2026 3/3 positive.

6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence, this Court is not inclined to grant bail to the Appellant at this stage.

7. Accordingly, the prayer for grant of bail to the Appelalnt is, hereby, rejected.

(Rudra Prakash Mishra, J) manish/- U T