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Patna High Court

Siya Devi @ Shiya DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The notice was validly served and the appellants are entitled to anticipatory bail; the impugned order refusing bail is set aside.

Summary

The appellants, three women related to a man named Shiv Shankar, were implicated in a case under the SC/ST (Prevention of Atrocities) Act and several IPC sections for alleged involvement in the rape and subsequent assault of a neighbour. They applied for anticipatory bail under Section 14‑A(2) of the SC/ST Act after a Special Judge refused the prayer. The High Court examined the validity of a notice served to the informant's sister‑in‑law and, relying on the police report, held the notice to be validly served. Noting the appellants' clean antecedents, their gender, and the argument that they were falsely implicated to coerce the informant’s family, the Court found the allegations insufficient to deny bail. Consequently, the Court granted anticipatory bail, set aside the Special Judge’s order, and allowed the appeal.

Issues considered

  • The validity of the notice served to the informant's sister‑in‑law.
  • Whether the appellants are entitled to anticipatory bail under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act despite the serious charges.
  • Whether the allegations against the appellants constitute sufficient ground to refuse bail.
  • Whether the Special Judge's order refusing anticipatory bail should be set aside.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • service of notice
  • false implication
  • women accused
  • rape allegation
  • IPC offences
  • Section 482
  • scheduled castes

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.2618 of 2024
                    Arising Out of PS. Case No.-156 Year-2023 Thana- RAJEPUR District- East Champaran
                  ======================================================
            1.     Siya Devi @ Shiya Devi W/O Tuntun Sahani R/O Village Bhudkudwa,P.S.
                   Rajepur, Distt-East Champaran
            2.    Geeta Devi W/O Mahesh Sahani R/O Village Bhudkudwa,P.S. Rajepur,
                  Distt-East Champaran
            3.    Prabhawati Devi W/O Jaylal Sahani R/O Village Bhudkudwa,P.S. Rajepur,
                  Distt-East Champaran

                                                                                    ... ... Appellant/s
                                                        Versus
            1.    The State of Bihar
            2.    Shobh Devi W/O Chandan Paswan R/O Village Bhud kudawa,P.S. Rajepur,
                  Distt-East Champaran

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        Ms.Ranjana Srivastava
                  For the Respondent/s    :        Mr.Usha Kumari 1
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

10   12-05-2026              1.     Heard learned counsel for the appellants and

                    learned Spl. P.P. for the State, Ms. Usha Kumari No. 1.

                             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 13-2-2024 in A.B.P. No. 641 of 2024 passed by the

                    learned Special Judge S.C./S.T. (POA) Act, East Champaran at

                    Motihari in connection with Rajepur P.S. Case No. 156 of 2023

                    registered for the offences punishable under Sections 366, 376,
Patna High Court CR. APP (SJ) No.2618 of 2024(10) dt.12-05-2026
                                             2/4




          341, 323, 504, 506 and 34 of the IPC as well as Sections 3(1)(r)

          (s) of the SC/ST Act.

                    3.    Learned counsel for the appellants submits that

          from perusal of the office report dated 30-1-2025, it would

          manifest that the same records that Superintendent of Police,

          East Champaran vide his letter dated 6-12-2024 reported that

          notice has been received by sister-in-law (gotni) of the

          respondent No. 2. It is next submitted that though a jointness

          application was required to be filed but then the same has not

          been filed for some pressing reasons. It is further submitted that

          since sister-in-law of the informant received the notice as

          reported by the Superintendent of Police, the notice be deemed

          to be validly served.

                    4.    In view of the submission made by learned counsel

          appearing on behalf of the appellants, the notice is deemed to be

          validly served.

                    5.    Learned counsel for the appellants submits that

          appellants are persons with clean antecedent and are women and

          the informant alleges that her neighbours Shiv Shankar took her

          away in a vehicle on the pretext of getting his child treated by a

          doctor on 19-6-2023 and took her to a lonely place and raped

          her for 16 days, thereafter family members of Shiv Shankar, ie,
Patna High Court CR. APP (SJ) No.2618 of 2024(10) dt.12-05-2026
                                             3/4




          appellants came and took her back to her home on 4-7-2023,

          thereafter she disclosed the occurrence to her husband and

          father-in-law, accordingly they went to the house of Shiv

          Shankar when all accused abused her husband by taking caste

          name and also assaulted him.

                    6.    Learned counsel for the appellants submits that the

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that the

          occurrence is said to have commenced on 19-6-2023 and the

          same continued till 4-7-2023 and thereafter the instant FIR came

          to be instituted on 8-7-2023. It is also submitted that informant

          alleges that Shiv Shankar in the name of getting her child

          treated by a doctor on 19-6-2023 took her to a lonely place and

          raped her for 16 days but then it is submitted that it absolutely

          does not stand to reason that if the informant was missing from

          the house for 16 days why no FIR came to be instituted either

          by her husband or family members rather when the informant

          came back the instant FIR came to be instituted which also casts

          an aspersion on the case of the prosecution. It is further

          submitted that as far as appellants are concerned, the allegation

          against them of abuse and assault is general and omnibus in
              Patna High Court CR. APP (SJ) No.2618 of 2024(10) dt.12-05-2026
                                                           4/4




                        nature. It is also submitted that since appellants are related to

                        Shiv Shankar with whom informant and her family members are

                        having dispute as such the appellants also came to be implicated

                        only with a view to coerce other family members into

                        submission and this perhaps explains why informant despite

                        receiving notices chooses not to appear and contest.

                                  7.    Learned Spl. P.P. for the State opposes the prayer

                        for anticipatory bail of the appellants.

                                  8.    Considering the aforesaid facts, let the appellants

                        above-named, in the event of their arrest or surrender within a

                        period of six weeks from today, be released on anticipatory bail

                        on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)

                        each with two sureties of the like amount each to the satisfaction

                        of the learned trial court where the case is pending/successor

                        court in connection with the aforesaid case, subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.

                                  9.    Accordingly, the impugned order is set aside and

                        the appeal stands allowed.



                                                   (Satyavrat Verma, J)
Sumit/-

U         T


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