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Patna High CourtCR. APP (SJ)/4673/2025allowed

Sumit Kumar v. The State Of Bihar

2026-06-22Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4673 of 2025 Arising Out of PS. Case No.-191 Year-2025 Thana- TEKARI District- Gaya ====================================================== Sumit Kumar S/o- Bulu Singh R/v- Ramnagar P.S- Tekari District- Gaya ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Anita Devi W/o- Lalu Paswan R/v- Ramnagar Po- Mahmana, P.S- Tekari District- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Mrigendra Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2026 Heard the parties.

2. The appellant has preferred the present appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'the Act') against the order dated 20.08.2025 passed by the learned Special Judge, Exclusive SC/ST Court, Gayaji, in A.B.P. No. 226/2025 in connection with Tekari P.S. Case No. 191/2025 registered under Sections 318(4), 319(2), 351, 352 and 3(5) of the BNS and Sections 126(1), 126(2), 115(2), 74, 351(2), 351(3) and 3(5) of the BNS and Sections 3(1)(i), 3(1)(r), 3(1)(s), 3(2)(va) and 3(1)(w) of the SC/ST (POA) Act.

3. Present appeal is well within limitation as prescribed under Section 14A(3) of the Act.

4. Respondent no. 2, informant joined the present Court

Patna High Court CR. APP (SJ) No.4673 of 2025(4) dt.22-06-2026 2/3 proceedings.

5. As per FIR, appellant and his family members came to the house of informant equipped with lathi, danda, firearms etc and started abusing informant and her family members, meanwhile other co-accused persons made an attempt to take away the daughter of informant from her home for forceful marriage with appellant.

6. Learned counsel appearing for the appellant submitted that due to certain disputes between this appellant and daughter of informant, who were student of same coaching centre, present false case was lodged. It is further submitted that with same allegations father, brother and mother of this appellant were granted anticipatory bail by learned Trial Court, itself. It is also submitted that allegation qua abusing caste name in public view not appears available. In support of his submission learned counsel relied upon the legal report of Hon'ble Supreme Court as available through Hitesh Verma v. State of Uttarakhand, [(2020) 10 SCC 710].

7. Learned Special P.P. duly assisted by learned counsel appearing on behalf of informant, while opposing the prayer of bail submitted that appellant made an attempt for forceful marriage with daughter of informant and also to abuse their

Patna High Court CR. APP (SJ) No.4673 of 2025(4) dt.22-06-2026 3/3 family members by caste name.

8. In view of the facts and circumstances, as mentioned above and by taking note of fact as with same allegation other co-accused persons have already granted anticipatory bail, where abusing in caste name prima-facie also not appears to be made in public view, accordingly, above-named appellant in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned learned Special Judge, Exclusive SC/ST Court, Gayaji/concerned Court, where the case is pending in connection with A.B.P. No. 226 of 2025 in connection with Tekari P.S. Case No. 191/2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS.

9. Accordingly, impugned order dated 20.08.2025 is hereby set aside/quashed.

10. Hence, appeal stands allowed.

(Chandra Shekhar Jha, J) S.Tripathi/- U T