Patna High Court
Baby Devi @ Bhuna DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed; the order refusing anticipatory bail is set aside and the appellants are granted anticipatory bail subject to conditions.
Summary
The appellants, Baby Devi and Priyanka Kumari, appealed against the refusal of anticipatory bail in a case filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The informant alleged that the appellants had stolen her mobile, assaulted her, and taken jewellery and money, invoking several IPC offences and provisions of the SC/ST Act. The appellants contended that they were falsely implicated, asserting that a land‑sale agreement between the informant and the husband of one appellant had collapsed, leading to a bounced cheque and a retaliatory false complaint. The State and the informant opposed the bail, but the court found the allegations insufficient to deny anticipatory bail. Accordingly, the High Court set aside the trial court’s order refusing bail, granted anticipatory bail with conditions, and allowed the appeal.
Issues considered
- Whether anticipatory bail should be granted to the appellants under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989.
- Whether the FIR and the allegations constitute a false or mala fide case warranting denial of bail.
- Whether the provisions of Section 482(2) of the Code of Criminal Procedure empower the court to grant anticipatory bail in this context.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s), 3(5)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- land sale dispute
- Section 14-A
- Section 482
- criminal procedure
- scheduled caste offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2779 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
1. Baby Devi @ Bhuna Devi W/o Devendra Singh R/o vill- Risaudh, P.S.-
Belaganj, District- Gaya
2. Priyanka Kumari W/o Vikash Kumar Singh R/o vill - Sahari, P.S. - Barh,
Distt.- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Kanchan Devi W/o Manish Kumar R/o vill - Risaudh, P.S.- Belaganj, Distt.-
Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Manoj Kumar Singh, Adv
Mr. Ashutosh Kumar Singh, Adv
Mr. Prabhat Kumar, Adv
For the Respondent/s : Mr.Sadanand Paswan, Spl. PP
Ms. Rabia Gulnaz
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 30-04-2026 1. Heard learned counsel for the appellants, learned
Spl. P.P. for the State, Sri Sadanand Paswan and the learned
counsel appearing on behalf of the informant.
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 20-5-2025 in A.B.P. No. 123 of 2025 passed by the
learned Exclusive Special Judge S.C./S.T. (POA) Act, Gaya in
connection with Belaganj P.S. Case No. 78 of 2025 registered
Patna High Court CR. APP (SJ) No.2779 of 2025(3) dt.30-04-2026
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for the offences punishable under Sections 126(2), 115(2),
303(2), 74, 352, 351(2) and 3(5) as well as Sections 3(1)(r), 3(1)
(s) of the SC/ST Act.
3. Learned counsel for the appellants submits that the
appellants are persons with clean antecedent and are women and
the informant alleges that her husband lives in Bangluru and she
stayed with her children alone in the villager, further on 27-12-
2024 at 11 am, Priyanka entered her house and snatched her
mobile and abused and thereafter dragged her to the house of
her maternal uncle Dharmendar and clicked photograph of her
jewellery from the mobile of informant and transferred the same
in her own mobile and thereafter alleged that the informant of
committing theft and assault and also got her humiliated by her
family members and even her family members assaulted her,
further Priyanka and Lalu snatched her chain and Rs. 5,000/-,
further Dharmendar also assaulted and abused by taking caste
name, next alleges that if CCTV of her neighbours is
investigated, the occurrence will come to the fore.
4. 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 the allegation as alleged in
the FIR does not inspire confidence. It is further submitted that
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informant had entered into an agreement for sale for selling her
land with Devendra Singh (husband of appellant no. 1) and took
the consideration amount, but it transpires that the land has
already been sold to one Ribha, hence Dharmendra demanded
his money back and threatened that if the money is not returned,
he will institute a criminal case, on which the informant issued a
cheque of Rs. 5 lakh 10 thousand which on presentation for
encashment bounced. It is thus submitted that it was informant
who duped the side of the appellants and when an altercation
took place after bouncing of the cheque, the instant false case
came to be instituted.
5. Learned Spl. P.P. for the State and learned counsel
appearing on behalf of the informant opposes the prayer for
anticipatory bail of the appellants, but then the learned counsel
appearing on behalf of the informant is not in a position to rebut
the submission of the learned counsel appearing on behalf of the
appellants that an agreement for sale was entered in between the
informant and Devendra Singh, the said agreement failed as
informant had already sold the land to Ribha and issued a
cheque in lieu thereof which on presentation for encashment
bounced.
6. Considering the aforesaid facts, let the appellants
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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.
7. Accordingly, the impugned order with respect to
the appellants is set aside and the appeal stands allowed.
(Satyavrat Verma, J)
Sumit/-
U T
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