Patna High Court
Babita DeviversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The High Court set aside the order rejecting anticipatory bail and granted anticipatory bail to the women appellants.
Summary
The appellants, two women, were charged in a case involving assault, knife attacks and caste-based abuse under several sections of the Indian Penal Code and the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act. Their anticipatory bail application was rejected by a Special Court under the SC/ST Act. On appeal, they argued that the allegations of assault were directed at a male co‑accused and that no specific act was attributed to them, and highlighted that similarly situated co‑accused had been granted anticipatory bail. The High Court, noting the gender of the appellants and the precedent of bail to other co‑accused, set aside the lower court’s order and granted anticipatory bail subject to conditions under CrPC Section 438(2). The appeal was allowed.
Issues considered
- Whether the women accused under the SC/ST (Prevention of Atrocities) Act and IPC offences are entitled to anticipatory bail despite the lower court’s rejection.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 147, 149, 302, 307, 323, 341, 342, 504, 506
Subjects
- anticipatory bail
- SC/ST Act
- caste violence
- assault
- gender considerations
- IPC offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2771 of 2024
Arising Out of PS. Case No.-530 Year-2023 Thana- BOCHAHAN District- Muzaffarpur
======================================================
Babita Devi Wife of Mohan Singh R/o Vill.- Dadhiya Bhagwanpur, P.S.-
Bochahan, Dist.- Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Ramesh Ram Son of Late Ram Naresh Ram R/o Vill.- Bhagwanpur,
Dadhiya, P.S.- Bochaha, Dist- Muzaffarpur
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 2938 of 2024
Arising Out of PS. Case No.-530 Year-2023 Thana- BOCHAHAN District- Muzaffarpur
======================================================
Rajan Devi @ Ranjani Devi @ Rajani Kumari @ Rajani Devi W/o- Jitendra
Singh Village- Bhagwanpur Dadhiya, P.S.- Bochahan, Distt,.- Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Ramesh Ram Son of Ram Naresh Ram R/o-Dadhiya Bhagwanpur, P.S.-
Bochahan, Distt.- Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 2771 of 2024)
For the Appellant/s : Mr. Raju Kumar, Advocate
Mr. Shubham Samrat, Advocate
Mr. Kumar Gaurav, Advocate
For the Respondent/s : Ms. Usha Kumari 1
(In CRIMINAL APPEAL (SJ) No. 2938 of 2024)
For the Appellant/s : Mr. Raju Kumar, Advocate
Mr. Shubham Samrat, Advocate
Mr. Kumar Gaurav, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Sp.PP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 23-02-2026 Since both these applications arise out of Bochaha
Police Station Case No. 530 of 2023, with the consent of the
Patna High Court CR. APP (SJ) No.2771 of 2024(5) dt.23-02-2026
2/4
parties, both these applications are heard together.
2. Heard learned Counsel for the appellants and
learned Special Public Prosecutor for the State.
3. An order, dated 08.04.2024, passed by learned
Special Court SC/ST (POA) Act, Muzaffarpur, in ABP No. 162
of 2024, is under challenge in the present appeal preferred under
Section 14-A (2) of the Schedule Caste and Schedule Tribes
(Prevention of Atrocities) Act, 1989, whereby the anticipatory
bail application of the appellant in connection with Bochaha
Police Station Case No. 530 of 2023 registered for the offence
punishable under Sections 147, 149, 341, 342, 323, 307, 504,
506, 302 of the Indian Penal Code and Section 3(i)(r)(s), 3(2)
(va) and 3(2) of the Schedule Caste/Schedule Tribe (Prevention
of Atrocities) Act, has been rejected.
4. As per the prosecution story, on 20.11.2023 in the
morning, while the informant was returning home from his
work, one co-accused person, Jitendra Kumar Singh, told the
informant why he did not blow music in Chhath Puja and started
abusing him. When the informant objected, the appellants, along
with other accused persons, started abusing him by caste name
and assaulted the informant with danda and fists. The accused,
Jitendra Kumar Singh, threw chili powder in the eyes of the
Patna High Court CR. APP (SJ) No.2771 of 2024(5) dt.23-02-2026
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informant's husband and assaulted him with a knife, causing
injury to his neck. When the informant’s brother intervened in
order to save his father, he was also assaulted with a knife by
Jitendra Kumar Singh, causing serious injury to the stomach of
the informant’s brother.
5. Learned counsel for the appellants submits that
appellants are ladies and have been made accused along with all
family members due to dispute regarding not blowing the music
in Chhath Puja. The allegation of assault is specific against
Jitenra Kumar Singh. There is no specific allegation and overt
act against the appellants. Similarly situated co-accused persons
have already been granted anticipatory by a co-ordinate Bench
of this Hon’ble Court vide order dated 30.10.2025 in CR. APP
(SJ) No. 3502 of 2024.
6. Having regard to the submissions made on behalf
of the parties and taking into consideration the fact that similarly
situated co-accused persons have already been granted
anticipatory bail by a Co-ordinate Bench of this Hon’ble Court
and the appellants are ladies, I am inclined to grant the
appellants privilege of anticipatory bail.
7. This appeal is, accordingly, allowed and the order,
dated 08.04.2024, passed by learned Special Court SC/ST
Patna High Court CR. APP (SJ) No.2771 of 2024(5) dt.23-02-2026
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(POA) Act, Muzaffarpur, in ABP No. 162 of 2024 is set aside.
8. Let the appellants, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Special Court SC/ST
(POA) Act, Muzaffarpur, in connection with Bochaha Police
Station Case No. 530 of 2023, subject to the condition laid
down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
Siwani/-
U T
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