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Patna High Court

Priyalata Kumari @ Priya @ Premlata KumariversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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
Patna High Court CR. APP (SJ) No.207 of 2026(3) dt.16-04-2026
                                             3/4




          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
                                                       4/4




                    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/-

U


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