Patna High Court
Priyalata Kumari @ Priya @ Premlata KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail was granted to the appellants, subject to bond and surety conditions, and the order refusing bail was set aside.
Summary
The appellants – Priyalata Kumari, Baby Kumari and Shashi Kiran Devi – were charged under sections of the Bihar Negotiable Instruments Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly taking a large sum of money from a complainant on false pretences and threatening her with caste‑based abuse. The complainant claimed she had deposited Rs 10 lakh and later Rs 15 lakh with the accused, and that they blocked her phone, abused her using caste slurs and threatened to kill her. The appellants contended they were innocent, that the dispute was purely monetary, that no specific caste‑based abuse was alleged in the FIR, and that they had no criminal antecedent. The Special Public Prosecutor opposed anticipatory bail under Section 438 of the CrPC. The High Court observed that the FIR did not specifically allege caste‑based abuse, the matter appeared to be a monetary dispute, and there was no criminal record, and therefore granted anticipatory bail subject to bond and surety conditions, setting aside the lower court’s refusal. The appeal was allowed.
Issues considered
- Whether anticipatory bail under Section 438 CrPC should be granted in a case involving alleged offences under the SC/ST (Prevention of Atrocities) Act and other penal provisions.
- Whether the absence of specific caste‑based abuse allegations in the FIR precludes denial of bail.
- Whether the nature of the dispute as a monetary transaction influences the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 115(2), 316(2), 318(4), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(va), 3(i), 3(r), 3(S)
Subjects
- anticipatory bail
- Section 438 CrPC
- SC/ST Act
- caste abuse
- financial fraud
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.207 of 2026
Arising Out of PS. Case No.-154 Year-2025 Thana- BELCHHI District- Patna
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1. Priyalata Kumari @ Priya @ Premlata Kumari D/o- Ravindra Mahto
Resident of village- Belchhi, P.S.-Belchhi, District- Patna
2. Baby Kumari @ Baby Devi @ Urmila Devi W/o- Shailesh Kumar Resident
of village- Jagajanpur, P.S.-Belchhi, District- Patna
3. Shashi Kiran Devi @ Shashi Devi W/o- Vijay Prasad Resident of village-
Bakara, P.S.-Bind, District- Nalanda
... ... Appellant/s
Versus
1. The State of Bihar
2. Basanti Devi W/o- Madan Paswan Resident of village- Belchhi, P.S.-
Belchhi, District- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Anil Kumar No.1, Adv
For the Respondent/s : Mr. Binay Krishna, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 16-04-2026 Heard learned counsel for the appellants and learned
Spl. P.P. for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
12.12.2025 passed by the learned Court of Exclusive Special
Judge, SC/ST Act, Civil Court, (Sadar), Patna in connection
with Belchhi P.S. Case No. 154 of 2025 registered under
Sections 318(4), 316(2), 352, 351(2), 115(2) of the B.N.S. and
Sections 3(i), (r), (S)/3(2)(va) of Schedule Castes and Schedule
Patna High Court CR. APP (SJ) No.207 of 2026(3) dt.16-04-2026
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Tribes (prevention of Atrocities) Act.
3. The case of the prosecution, in short, as per the
informant is that one Premlata Kumari of village Belchhi, whose
husband was posted at the Secretariat and who was residing at
Patna, had taken a sum of Rs. 10,00,000/- (Ten Lakh) from her
on the pretext of providing a government loan of Rs.
15,00,000/- (Fifteen Lakh) for business purposes. It is further
alleged that the said Premlata Kumari along with her sister Baby
Kumari also took an additional amount of Rs. 15,00,000/-
(Fifteen Lakh) from her in different installments including sums
of Rs. 20,000/- (Twenty Thousand) and Rs. 10,000/- (Ten
Thousand). After some years, when the informant demanded the
loan amount back, the accused persons allegedly blocked her
phone, abused her and also threatened to kill her. It is further
alleged that they abused her by caste name. The informant has
also stated that she deposited the aforesaid amount in the bank
account of the accused persons, photocopies of which have been
annexed with the complaint. She further stated that her sister,
Shashi Devi of village Bakra, had introduced her to the accused.
4. Learned counsel for the appellants submits that the
appellants are innocent and have falsely been implicated in this
case due to ulterior motive to usurp the rupees taken by the
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informant. Nothing has happened as alleged in the FIR. There is
no any evidence which suggests that petitioners have received
any amount from informant. He further submits that the
appellants have no criminal antecedent.
5. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellants based
upon the allegation made in the F.I.R.
6. From the allegations levelled in the FIR, it appears
that there is a monetary dispute between the parties. It also
appears that no specific allegation of abuse on caste lines have
been alleged against the appellants. The details of abuses are
also not mentioned in the FIR. There is also no criminal
antecedent of the appellants.
7. Considering all these above-mentioned aspects, let
the appellants, above named, in the event of their arrest to
surrender before the Court below within a period of thirty days
from the date of receipt of the order, be released on anticipatory
bail on furnishing each of them bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Court of Exclusive Special Judge, SC/ST
Act, Civil Court, (Sadar), Patna in connection with Belchhi P.S.
Case No. 154 of 2025, subject to the conditions as laid down
Patna High Court CR. APP (SJ) No.207 of 2026(3) dt.16-04-2026
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under Section 438(2) of the Code of Criminal Procedure.
8. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Alok Kumar Sinha, J)
kiran/-
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