Patna High Court
Dhermshila Devi @ Dharmshila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The High Court allowed the appeal, set aside the lower court’s order, and granted anticipatory bail to the appellants.
Summary
The appellants, Dhermshila Devi, Dipak Kumar and Uday Singh, were charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act for allegedly abusing a woman of a Scheduled Caste, assaulting her and damaging her property during a land dispute. The Special Judge had rejected their anticipatory bail application. The appellants contended that the FIR stemmed from a contested land title, for which they had obtained a favorable order from the D.C.L.R. and a pending title suit was ongoing, and argued that the caste‑based allegation was not fully substantiated. The High Court, after considering these submissions, held that the pending land dispute and the lack of clear evidence warranted the grant of anticipatory bail. Consequently, the order rejecting bail was set aside and the appeal was allowed, directing that the appellants be released on anticipatory bail upon furnishing a bail bond and sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the accused despite charges under the Bharatiya Nyaya Sanhita and the SC/ST Act.
- Whether the existence of a pending land title suit and a prior favorable order affects the grant of anticipatory bail.
- Whether the alleged caste‑based abuse and assault constitute sufficient ground to deny anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126, 3(5), 351, 352, 482(2), 76
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va), 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- land dispute
- caste harassment
- Bharatiya Nyaya Sanhita
- criminal procedure
- pending title suit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2561 of 2025
Arising Out of PS. Case No.-50 Year-2024 Thana- SC/ST District- Sheikhpura
======================================================
1. Dhermshila Devi @ Dharmshila Devi W/O Pankaj Singh Resident of Vil-
lage- Rampur Sinday, P.S- Mission (Barbigha), District- Sheikhpura.
2. Dipak Kumar @ Chhova S/O Pankaj Singh Resident of Village- Rampur
Sinday, P.S- Mission (Barbigha), District- Sheikhpura.
3. Uday Singh S/O Vindha Singh Resident of Village- Rampur Sinday, P.S-
Mission (Barbigha), District- Sheikhpura.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Lailun Devi @ Lalilon Devi W/O Suraj Paswan R/O Village- Rampur Sin-
day, P.S- Mission (Barbigha), Distt.- Sheikhpura.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rajnish Kumar
For the Respondent/state: None
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 16-04-2026 1. Heard the parties.
2. This memo of appeal is directed against the order dated
04.03.2025 passed in A.B.P. No. 76 of 2025 arising out of
Sheikhpura SC/ST P.S. Case No. 50 of 2024 dated 26.12.2024
registered for the offence punishable under Section 126, 115,(2)
76, 352, 351, 3(5) of Bharatiya Nyaya Sanhita, 2023 and
Section 3(i)(r)(s), 3(2) (va) of the SC/ST Act by the court of
learned District & Addl. Sessions Judge-1st -cum-Special Judge,
SC/ST Act, Sheikhpura whereby and where under the learned
Special Judge has rejected the anticipatory bail application of
Patna High Court CR. APP (SJ) No.2561 of 2025(3) dt.16-04-2026
2/3
the appellants.
3. As per the F.I.R. on 22.12.2024 at about 4:00 O’ Clock
when the informant was filling soil upon her land, the appellants
arrived there, abused the informant by her caste name and told
that they would not allow her to settle on that land. It has further
been alleged that when the sister-in-law (gotani) of the infor-
mant intervened then Dipak Kumar @ Chhova (appellant no. 2)
pushed her and Uday Singh (appellant no. 3) torn the blouse of
the informant and gave iron rod blow on her foot.
4. Learned counsel for the appellants submits that appellants
have falsely been implicated in this case due to land dispute. A
piece of land belonging to the appellants having Khata No. 227,
Plot No. 1942 which is the subject matter of the F.I.R. was sold
to the informant by a third person namely, Mukesh Kumar. A
case was lodged by the appellants having Mutation Appeal Case
No. 51 / 2023-24 before the D.C.L.R., Sheikhpura in which
the order dated 19.12.2023 was passed in favour of the
appellants. Thereafter, a title suit has been filed by the side of
the informant having Title Suit No. 40 / 2025 and the same is
still pending. The allegation of calling by caste name is not in
full public view.
5. Learned Special P.P. for the SC/ST Act is not present
Patna High Court CR. APP (SJ) No.2561 of 2025(3) dt.16-04-2026
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including learned counsel for the respondent no. 2.
6. Regard being had to the submission made by the parties,
taking into consideration the the fact that the present F.I.R. is a
result of land dispute between the parties for which title suit is
still pending, accordingly, I am inclined to grant anticipatory
bail to the appellants.
7. Accordingly, the order dated 04.03.2025 passed in A.B.P.
No. 76 of 2025 (arising out of Sheikhpura SC/ST P.S. Case No.
50 of 2024 is hereby set aside. The appeal is allowed.
8. Let the appellants, above named, be released on anticipa-
tory bail in the event of arrest or surrender before the court
below within a period of four weeks from today on furnishing
bail bond of Rs. 10,000/- (rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
District & Addl. Sessions Judge-1st cum Special Judge, SC / ST
Act, Sheikhpura in connection with Sheikhpura SC / ST P.S.
Case No. 50 / 2024 subject to the condition as laid down under
Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
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