Patna High Court
BIMLA DEVIversusTHE STATE OF BIHAR AND ANOTHER
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed and the order refusing anticipatory bail is set aside, with the appellants granted anticipatory bail subject to conditions.
Summary
The appellants, Bimla Devi, Bhim Kumar and Chhotu Kumar, appealed under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the Special Judge's refusal to grant anticipatory bail in a case involving alleged assault and caste‑based abuse. The FIR alleged offences under IPC sections 341, 323, 504, 506 and 34, as well as Section 3(1)(r) of the SC/ST Act. The appellants contended they had clean antecedents, were falsely implicated, and that the alleged assault occurred in private, not in public view. The Special Public Prosecutor served a valid notice, and the High Court considered the submissions. The Court granted anticipatory bail on the condition of a Rs 5,000 bond with two sureties, subject to Section 438(2) CrPC, set aside the lower court's order, and allowed the appeal.
Issues considered
- What is the appropriate exercise of discretion by the Special Judge in refusing anticipatory bail under Section 438 CrPC and Section 14‑A(2) of the SC/ST Act?
- Whether the allegations of caste‑based assault, being private and general in nature, justify denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 323, 34, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- assault
- IPC offences
- bail conditions
- caste based violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1603 of 2023
Arising Out of PS. Case No.-203 Year-2020 Thana- RAMPUR District- Gaya
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1. Bimla Devi Wife Of Girja Prasad Resident Of Mohalla Bangali Colony,
Gawal Bigha, P.S. - Rampur, District - Gaya
2. Bhim Kumar @ Vijay Kumar Son Of Girja Prasad Resident Of Mohalla
Bangali Colony, Gawal Bigha, P.S. - Rampur, District - Gaya
3. Chhotu Kumar @ Vijay Kumar Son Of Girja Prasad Resident Of Mohalla
Bangali Colony, Gawal Bigha, P.S. - Rampur, District - Gaya
... ... Appellant/s
Versus
1. The State Of Bihar
2. Ajay Kumar Son Of Nathun Choudhary Resident Of Mohalla Bangali
Colony, Gawal Bigha, P.S. - Rampur, District - Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Praveen Kumar
For the Respondent/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 09-04-2026 1. Heard learned counsel for the appellants, learned
Spl. P.P. for the State.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 15.02.2023 in ABP No.35/2023, passed by the
learned Exclusive Special Judge S.C./S.T. Court, Gaya in
connection with Rampur P.S. Case No.203 dated 05.07.2020,
registered for the offences punishable under Sections 341, 323,
Patna High Court CR. APP (SJ) No.1603 of 2023(6) dt.09-04-2026
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504, 506, 34 of the Indian Penal Code as well as Sections 3(1)(r)
(s) of the SC/ST Act.
3. Learned Special P.P. submits that in compliance of
the order dated 13.07.2023, he had informed the concerned
Superintendent of Police about the pendency of the instant
appeal and to inform the informant that he should be present in
the case on the next date fixed.
4. In view of the submissions made by the learned
Special P.P., the notice is deemed to be validly served.
5. Learned counsel for the appellants submits that the
appellants are persons with clean antecedent and appellant no.1
is a woman and the informant alleges that accused persons
including the appellants on 04.07.2020 at 4 P.M. came and
abused by taking caste name and assaulted him since no one
was in the house, further after sometime, his brother came, next
alleges that accused persons five years back had assaulted his
brother who lost his mental balance and are threatening that they
will make him also loose his mental balance.
6. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
Patna High Court CR. APP (SJ) No.1603 of 2023(6) dt.09-04-2026
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allegation of abuse and assault is general and omnibus in nature.
It is also submitted that even presuming what has been alleged
is true without admitting then the entire occurrence took place at
the house of the informant and that too in solitude, hence was
not in public view.
7. Learned Special P.P. opposes the appeal.
8. Considering the submissions, let the appellants,
above named, in the event of their arrest or surrender within a
period of six weeks from the date of receipt of the order, be
released on anticipatory bail on furnishing bail bond of
Rs.5,000/- (rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending in connection with the aforesaid case,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure.
9. Accordingly, the impugned order is set aside and
this appeal stands allowed.
10. The office is directed to immediately send back
the LCR.
(Satyavrat Verma, J)
amit/-
U T
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